HomeMy WebLinkAbout2011-088 Health - Isabel Garland - Amendment to Contract for Spanish Interpreter $35 per hr not to exceed $15,000~~
ORANGE COUNTY
NORTH CAROLINA
INTERPRETER CONTRACT UNDER $10,000 OR LESS AMENDMENT
THIS AMENDMENT, made and entered into this the 11th day of April, 2011, by and between the County of Orange, a
body politic and corporate of the State of .North Carolina, ("the County"), for and on behalf of the Orange County
Health Department ("OCHD") and Isabel Garland "Provider";
WITNESSETH:
WHEREAS, the County and Provider entered into an Interpreter Contract Under $10,000 Agreement dated Julv 1, 2010,
for the interpretation services (hereinafter the "Original Agreement");and
WHEREAS, the County and Provider desire to amend the Original Agreement, while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
SECTION 4: Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accord with this Agreement. The amount to be paid by the County shall not exceed $15,000, ($35 per/hour).
Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to
perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any
payment associated with the work to be performed until such time as said work is completed.
Except for the changes made to Section 4 herein, the Original Agreement shall remain in full force and effect to the
extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement
and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Amendment, effective as of the day first
written above.
ORANGE CO NTY
By:
Frank . Clifton, C n Manager
PROVIDER: Isabel Garland
By: ' ~__t_a Y~
T le: Isab Garland, Interpreter
~^
This instrument has been approved as to technical content.
Rosemary Su mers, Health Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
Cl~ ~• ~
Clarence G. Grier, Finance Director
This instrume been approved as to form and legal sufficiency.
Cov~vey Atrb2~v~cY
ORANGE COUNTY
NORTH CAROLINA
INTERPRETER CONTRACT UNDER $10,000 OR LESS AMENDMENT
THIS AMENDMENT, made and entered into this the 11th day of April, 2011, by and between the County of Orange, a
body politic and corporate of the State of North Carolina, ("the County"), for and on behalf of the Orange County
Health Department ("OCHD") and Isabel Garland "Provider";
WITNESSETH:
WHEREAS, the County and Provider entered into an Interpreter Contract Under $10,000 Agreement dated July 1' 2010,
for the interpretation services (hereinafter the "Original Agreement");and
WHEREAS, the County and Provider desire to amend the Original Agreement, while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
SECTION 4: Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accord with this Agreement. The amount to be paid by the County shall not exceed $15,000, ($35 per/hour).
Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to
perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any
payment associated with the work to be performed until such time as said work is completed.
Except for the changes made to Section 4 herein, the Original Agreement shall remain in full force and effect to the
extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement
and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Amendment, effective as of the day first
written above.
ORANGE COUNTY PROVIDER: Isabel Garland
By: B~~~~ ~ar Q,r7
Frank . Cli n, o n Manager Title: Isabe Garland, I~t~l-.pre
Th' instru nt has been approved as to technical content. ~~
Rosemary Su ers, Health Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Ac/t~~
~. ~,
Clarence G. Grier, Finance Director
This ins ument been approved as to form and legal sufficiency.
. CQuNT y ATTOQN~C' Y
ORANGE COUNTY
INTERPRETER CONTRACT $14,400 OR LESS
NORTH CAROLINA
TIiIS AGREEMENT, made and entered into this 1st day of July, 2010, ("Effective Date") by and
between Qcange County, North Carolina, a body politic and corporate organized under the laws of the State
of North Carolina, (the "County"}, for and on behalf of the Orange County Health Department ("OCHD")
and Isabel Garland (the "Provider");
WITNESSETIi:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following lnterpretation
services to the County in accordance with the terms of this Agreement, time being of the essence:
1. The interpretation services (hereinafter referred to collectively as "Services") to be furnished by the
Provider under this Agreement are as follows:
a. The Provider shall adhere to the standards of professional conduct of an interpreter while
conducting the services to include the following:
i. The Provider shall be qualified to interpret between English and Spanish with the
OCHD staff.
ii. The Provider shall relate to all OCHD clients and staff in a respectful and
professional manner.
iii. The Provider will interpret the information being shared between. client/family and
staff as clearly as possible, without additional personal comments or biases on the
topic being discussed.
iv. The Provider will interpret to the best of his/her ability.
v. The Provider will follow the National Code of Ethics and Standards bf Practice
outlined by the National Council on Interpreting in Health Care which can be found
at www.ncihc.ora and is hereby incorporated by reference.
vi. The Provider is required to sign the OCHD Conditions of Contract Statement
containing the confidentiality, Title X and public health activities in emergency
sihzations information which is hereby incorporated by reference.
b. Client Confidentiality.
i. The Provider agrees to protect health information (e.g., client name, appointment
type, telephone number) that he/she may receive in doing business with OCI3D. The
Provider should ensure proper, .safe storage and protection of client information
during use, and shredding/deletion of such information when it is no longer
necessary for business purposes.
ii. Breaches of client confidentiality will result in automatic termination of this
Agreement.
c. Medical Documentation.
Revised June 2010 1
i. The Provider is required to provide proof of immunity to varicella, measles, mumps
and rubella prior to inception of contract work. Proof of immunity must be one of
the .following: medical records diagnosing the disease, laboratory records
confirming the disease, laboratory records documenting positive disease titers, or
medical records documenting receipt of 2 doses of each vaccine. {Exception; If the
Provider has documentation of only one dose of vaccine, the Provider must provide
documentation of a second dose within 60 days of the first day of contract work.)
The Provider is responsible for covering all costs associated with acquiring any
necessary titers, medical diagnosis or laboratory confirmation of ,disease or
vaccinations.
ii. The Provider is required to get a TB screening and provide those results to OCHD
prior to beginning contract work. The Provider is responsible fol• the costs
associated with acquiring such screening. The screening can be one of the
following:
Receipt of a TB skirl test (TST) if the Provider has no history of TB
infection/disease or of a positive TST {Note: If the Provider has not had an
additional TST within the previous 12 months, a second TST will be
required one week after the first to establish an accurate baseline.)
2. Completion of a TB Screening Form by a medical provider if the Provider
has a history of TB disease or of having a positive TST.
d. Procedures and Guidelines upon acceptance of assignment:
i. The Provider agrees to give at least 24 hour notice if he/she is unable to participate
in a scheduled client contact.
ii. The Provider will be expected to make confirmation phone calls to clients in
advance of an assigned appointment, when feasible, and when the Provider is
provided the information by OCHD staff. The Provider should notify OCHD staff
as soon as possible if the client has told the Provider that he/she will not be able to
make the appointment and/or if he/she needs to reschedule. These confirmation
calls will not be paid for separately, but are considered part of the service when the
Provider accepts an assignment for an appointment.
iii, The Provider shall not have contact with OCHD clients- with OCHD staff being
present, unless specifically asked by staff to call clients to confine or schedule
appointments. It is not acceptable for the Provider to give out his/her home
telephone number or cell phone number for later contact between the family and.
Provider. The Provider should generally instruct clients to call the Health
Department front desk staff or the Spanish voicemail line at b44-3350 (when
language appropriate) to schedule an appointment or to inquire about services.
e. The Provider shall complete and submit the OCHD Invoice for Payment of Interpreting
Services form to the OCHD staff at the time services aze rendered. OCHD staff will verify
the information, sign and forward the form for payment of services.
i. The Provider will record the start and fmish time worked to the minute. After the
first hour of service, payment will be calculated and paid per minute.
Revised June 2010 2
ii, The Provider shall submit one invoice per client, unless there is a block of
appointments without interruption. Without interruption means that there were no
cancelled appointments and no lunch hour included. This is appropriate for a group
of clients who are served for the same type of appointment, at the same location.
(e.g., a morning in the dental clinic, an afternoon serving back-to-back refugee
communicable disease screening appointments.) When in doubt, please contact the
OCHD Language Coordinator.
iii. In the event of a cancelled appointment, the Provider is required to stay until
relieved of duty by the nurse supervisor or the individual in charge of clinical
operations. OCHD staff may require other interpreter-related services in place of the
scheduled appointment. As stated above, the Provider may submit an invoice in the
event of a broken appointment (with less than 24 hour notice},
iv. If the Provider is assisting OCHD staff with a large volume of phone calls outside of
a scheduled appointment time, the Provider should complete a Call Log to submit
along with an invoice describing the services performed. This type of service is paid
by the minute, without a one hour minute requirement for payment.
f. In the case of an unexpected closing or delayed opening (e.g., inclement weather) of the
Health Department, the Provider shall not be paid for missed appointments. When in doubt,
the Provider can call 732-8181 to see if county offices are open or are on a delayed schedule.
----------- Whin possible,~h.e~viderss_.also._asked to help call his/her scheduled clients to inform
them of the delay or closing,
g. Provider represents and agrees that Provider is qualified to perform and fully capable of
performing and providing the services required or necessary under this Agreement in a fully
competent, professional and timely manner to the satisfaction of the County. Provider shall
be responsible for a!1 errors or omissions, in the performance of the Agreement. Provider
shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts
at no additional cost to the County.
2, OCHD Responsibilities:
a. OCHD will compensate Provider for services rendered at an hourly rate. Per hour
reimbursement will begin at the time the Provider meets with OCHD staff fpr the
appointment and ends at the time the staff and interpreter contact is completed. There will
be a minimum of one (1) hour of service for an appointment.
b. OCHD will reimburse the Provider for one (1) hour of service in the event of a same day
cancelled appointment. That includes appointments for clients who do net show up for an
appointment, and for those who cancel an appointment with less than 24 .hour notice.
Exception: "Family" Refugee Health Assessment (communicable disease and/or physical
exam) appointments with 3 or more family members will only be reimbursed for a total of
two (2} hours in the case of same day cancelled appointments. OCHD will not reimburse the
Provider if an appointment is cancelled with more than 24 hour notice.
c. OCHD will not reimburse for any Provider mileage.
d. OCHI? will process invoices on a monthly basis. Checks wil4 be mailed directly to the
Provider in accordance with the Finance Department's schedule.
3. The teen of this Agreement shall be from July 1, 2010 to Tune 30, 2011.
Revised Juae 2010 3
4. Payment: The Couniy agrees to pay at the rates specified for Services satisfactorily performed in
accord with this .Agreement. The amount to be paid by the County shall not exceed I O 000
($35/hr . Payment shall be made within thirty {30} days of an invoice properly submitted to County.
Should Provider fail to perform its duties under the terms of this Agreement', County may, without
fault or penalty, withhold any payment associated with the work to be performed until such time as
said work is completed.
5. Non-waiver: Failure by County at any time to require the performance by Provider of any of the
provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,
nor shall any waiver by the County of any breach beheld to be a waiver of any succeeding breach or
a waiver of this Non-Waiver Clause. -
6. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall
not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as
an employee with respect to the Services performed hereunder for federal or state tax, unemployment
or workers' compensation purposes. The Provider understands that neither federal, nor state, nor
payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the
employees of the Provider.
7. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure
itself during the performance of these services.
8. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all
os~liabili esft claims, ed wands, sut ,cos s, amages or expenses inc~udmg reasona ~e attorney's--~--"---~-~
fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission
on the part of the Provider.
9. Termination: This Agreement may be terminated at any time by mutual written agreement of the
parties or by the County upon written notice to the Provider.
10. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms,
and further agree that it constitutes the complete and exclusive statement of the Agreement between
the parties unless and until modified in writing and signed by the parties. Modifications may be
evidenced by telefacsimile signature.
11. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of
North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General. Court of Justice of North Carolina seated
in Orange County, North Carolina.
12. Non Appro nation: Provider acknowledges that County is a governmental entity, and the validity of
this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically expire without
penalty to County immediately upon written notice to Provider of the unavailability and non-
appropriation of public funds.
Revised June 2010 ~
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day fu•st written above.
ORANGE COUNTY
By: ~
Co ty Mana r
200 S. Cameron t.
1?.O.Box8181
Hillsborough, NC 27278.
PROVIDER: Lsabel Gariand
gy r
T' e: In reter
2711 Ode Turner Drive
Hillsborough, NC 27278
Th's instrument has bin approved as to technical content.
Rosemary Sumr4,~ers, Health Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
This}~.ist~un~e it has been approved as to form and legal-sufficiency,
M.
Attorney
Kevised 1Une 20 [ 0 5
ORANGE COUNTY---CONTRACT CONTROL SHEET
Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7} Cleric ,
This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager
determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for
~BOCC approval must he submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should
be completed through the legal review process prior to being routed for signature.
Department
Party/Vendor Name: Isabel Garland ParlyNendor Contact Person: Same Contact Phone: 919-732-4253 PartyNendor Address: 2711
Ode Turner Drive City Hillsborough .State: NC Zip:. 27278 Department: Health Amount: $35/hr, max $10,000 Purpose: Spanish
Interpreter Budget Code(s): ~ -Vendor # 43278 (N/A if new vendor) Vendor is a BOCC consultant? Yes ^ No® Contract
Type; (Check ane) New ^ Renewal ® Amendment ^ Effective Date July 1, 2010 Approved by Board Yes^ No^ Agenda
Date: Title of Contract; Interpreter Contract $10,000 or Less
If this is a Grant Agreement, pre-application has been approved by the Board of Commissioners Yes No If submitted for bid
were bids/RFPs received Yes[] No^ Bid/RFP number This contract has been reviewed and approved by the Department Director
as to technical content: ~ , /`""
r ( /l
Department Director's Signature: ~ f ~~~' ~~~~~ •' ~.)~'~1/L'~'~-C~~~ ~ Date: _ 2 ~ •- EJf
IT Director
(,4pplicable only to hardware./softwarepurchnses or related services) This contract has been reviewed and approved by the Information
Technology Director as to technical content and information technology specifications:
IT Director's Signature: Date:
!~
___....... _..... _.RiskManaaement_...._
Include the following coverages: ^ CGL; ^ Auto; ^ WC; ^ Professional; ^ Property; [~OR No Insurance Required[, .~ Hold
Contract pending receipt of Certificate of Insurance ^. With incorporation of Insurance provisions as shown, this contract is approved
by the Risk Manager:
Risk Manager's Signature: !~~ Date: ~ ~C) .
Financial Services
This Contract is conditioned upon appropriation by the Board of Commissioners Yes^No(~]. A budget amendment is necessary
before approval Yes^ No(~]. If budget amendment is necessary, please attach to this form. This instrument has been pre-audited in the
manner required by the Local Government Bu/Jd~get and Fiscal Contrfojl,~Act:
Vt,~ ~ ,/.~~'~- Date: ~ 7J l~
Financial Services Director's Signature: w
County Attorney
Approval by Board ^ (Contracts over $25,000.00 or any BOCC consultant contract). Approval by Manager ~ (All contracts
$25,000.00 or less with the a ptio of BOCC consultants). This contract has been reviewed and approved by the Attorney as to legal
form and sufficiency:
Attorney's Signature ~ Dater ~ PTO
County Manager
This contract has been reviewed and is approved by the County Manager Y~ No^.
This contract has been reviewed and is to b submitted fo OCC consideration Yes^No~~
Manager's Signature: ~ Date: 7
Clerk to the Board
Submitted for Chair signature:
~ fi
Clerk's Signature: `v Date:
Revised December 2009