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HomeMy WebLinkAboutC13-349 Pauline Araujo Agoitia Agreement INTERPRETER AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND PAULINE ARAUJO AGOITIA day lb.fI�, This Agreement("Agreement") is made this �2- da of �-�'` � , 20/�, is between the Eagle County, Colorado, a body corporate and politic by and through its County Manager("County"), and Pauline Araujo Agoitia("Interpreter"), an interpreter, residing at 2801 Basingdale#7, Vail, CO 81657, Post Office Box 925, Vail, CO 81657. 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 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: Now 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 services (hereinafter called"Interpreter Services")to County: Provide to the Eagle County HHS programs and specifically the Nurse Family Partnership Program oral translation services during home visits and 02J-301 prepare written translation of documents after such visits. During the course of this Agreement, Interpreter will provide up to 294 hours of Interpreter Services, on an as- needed basis. 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 upon January 1, 2014 and, subject to the provisions of Section 2.2 hereof, shall continue in full force until December 31, 2014, unless otherwise terminated in accordance with the terms of this Agreement. 2.2 This Agreement may be terminated upon seven (7) days written notice by either party for any 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, 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, nor shall anything in this Agreement guarantee any number of hours that Interpreter will be called upon to perform Interpreter Services. 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 County. 3.3 The Interpreter will maintain general and automobile 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 shall attach an original signed copy of Exhibit A, Affidavit of Citizenship, to this Agreement. 2 • 4. Remuneration: 4.1 For the Interpretation Services provided hereunder, County shall pay to the Interpreter at the rate of$20.00 per hour up to 294 hours as set forth in this Agreement. The maximum amount of compensation allowed under this agreement is $5,880. Fees will be invoiced upon the completion of services. Fees will be paid within thirty(30) 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, 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. 4.3 Eagle 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, 2014 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, 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. Interpreter'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. 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: INTERPRETER: Eagle County Public Health Jennie Wahrer Pauline Araujo Agoitia P.O. Box 660 P.O. Box 925 Eagle, CO 81631 Vail, CO 81657 970-328-2604 970-376-7127 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 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 she 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. 4 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 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. 9.5 Interpreter shall comply with all applicable federal, state and local rules, regulations and laws governing the Interpreter Services. 9.6 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 10. Public Contracts for Services: 10.1 If Interpreter (hereinafter "Contractor/Consultant") has any employees or subcontractors, Contractor/Consultant 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/Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor/Consultant 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/Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor/Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor/Consultant 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 can be found at: http://www.dhs.gov/xprevprotlprograms/gc 1185221678150.shtm C. The Contractor/Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 5 D. If the Contractor/Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor/Consultant shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor/Consultant 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 days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor/Consultant 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. E. The Contractor/Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5-102(5). F. If a Contractor/Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor/Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor/Consultant violates this provision of this Contract and the County terminates the Contract for such breach. [rest of page intentionally left blank] 6 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 th P. Montag, County Manag- INTERPRE remewi 7 Exhibit A Affidavit of Citizenship I, I( .J I i Q_ -N ZAL I�f fet, swear or affirm under the penalty of perjury under the laws of the State of Colorado thfict(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. , , / ? :nature -I Date 8