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HomeMy WebLinkAbout2011-090 Health - Magnolia Ko - Amendment to Contract for Karen Interpreter $35 per hr not to exceed $7,500X40 ORANGE COUNTY INTERPRETER CONTRACT UNDER $10,000 OR LESS AMENDMENT NORTH CAROLINA 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 Magnolia Ko "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 $7,500, ($35 per/hour). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to narfnrm 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 OUNTY By: Frank .Clifton, unty Manager PROVIDER: Magnolia Ko By: Title: Magnolia Ko, Interpreter T 's instrument 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 Act. C~a~-w ~J. J~ Clarence G. Grier, Finance Director This instrument has been approved as to form and legal sufficiency. . Covnrry f}troQni~y ORANGE COUNTY INTERPRETER CONTRACT UNDER $10,000 OR LESS AMENDMENT NORTH CAROLINA 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 Magnolia Ko "Provider"; W ITNESSETH: 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 alt 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 $7,500, ($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 OUNTY By: F nk W. Clif n, County Manager PROVIDER: Magnoli o By: Title: Magnolia Ko, Interpreter Thi instrument has been a proved as to technical content. Rosemary Sum s, Health Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Clarence G. Grier, Finance Director This instrument has proved as to form and legal sufficiency. CovN7y A tro~zav~C ~ ORANGE COUNTY NORTH CAROLINA INTERPRETER CONTRACT $10,000 OR LESS THI$ AGREEMENT, made and entered into this 1st day of July, 2010, ("Effective Date") by and .between Orange 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 Magnolia Ko (the "Provider"}; WITNESSE~TH: 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 Interpretation 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 Karen 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/famiiy 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 Gode of Ethics and Standards of Practice outlined by the National Council on Interpreting in Health Care which can be found at www.ncihe.oru 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 situations 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 OCHD. 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 20to 1 i. The Provider is required to provide proof ofimmunity 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 for the costs associated with acquiring such screening. The screening can be one of the following: 1. Receipt of a TB skin test (TST) if the Provider has no history of TB infectiort/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 unab}e 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 fire 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 fire 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 confirm . 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 644-3350 (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 are rendered. OCHD staff will verify the information, sign and forward the form for payment of services. i. The Provider will record the start and finish 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 hpur included. Phis 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. OGHD 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 Lpg 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. _._.___._.________ When p~ssible,_tlle Provider is 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 all 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 for 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. 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 not 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 eeimbursed 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. OCHD will process invoices on a monthly basis. Checks will be mailed directly to the Provider in accordance with the Finance Department's schedule. 3. The term of this Agreement shall be from July 1, 2010 to June 30, 2011. Revised lunc 2010 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 5 000 ($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 be held 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-Irr~~ The-Provider-agrees-tozleferrd-indemnify,-and-l-irl-d-hgrnrluss-Oratrge-C6urttYf~trrrr all------- losses, liabilities, claims, demands, suits, costs, damages or expenses {including reasonable 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 agreeLnent 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 v~niting and signed by the parties. Modifications may be evidenced by telefacsimile signature. 1 I. Governin Lg aw: 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 involvuig 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 Anpro np ~ation; 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 20 t 0 4 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE OUNTY By: Cq Mana~ 200 S. Camero t. P.Q. Box 8181 Hillsborough, NC 27278 PROVIDER: 'a Ko By: ~ :, Title:Inte reter 3401 Corby Lane - Durham, NC 27705 is instrument has been approved as to technical content. -v , Rosemary Sum a ea[th Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~(~.~.. 1~, hw-- Clarence G. Grier, Finance Director - ... - Th' str ent has been approve as to form an~~a1 aitff ciency. A ette M. Moore, Staff Attorney Revised June 2010 $ ORANGE COUNTY-CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (S) Attorney, (6) Manager, (7) Clerk This Documen# shalt acegmpany 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 be 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. • Deaartment PartyNendor Name: Magnolia Ko PartyNendor Contact Person: Same Contact Phone: 9I9-360-98SS PartyNendor Address: 3401 Corby Lane City Durham State: NC Zip: 27705 Department: Health Amount: $35/hr, max $5,000 Purpose: Karen Interpreter Budget Code(s): Vendor # S7Q64 (N/A if new vendor) Vendor is a BOCC consultant? Yes ^ No® Contract. Type: (Check one) 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: . a --~~ f ~ ~ - cj ~ Department Director's Signature: , ~~-~~~ (/~jLi;G2~'L'i~"'-~ Date: • IT Director (Applicable only to hardware/sof3ware purchases or related services) This contract has been reviewed and approved bythe Information Technology Director as to technical content and information technology specifications: IT Director's Signature: ~ ~l"1 Date: --- - -_--- r ------- ..- -- - ..-. _ _ _ RasR anasemer[ _ Include the following covexages: ^ CGL; ^ Auto; ^ WC; ^ Professional; ^ Property; ~R No Insurance Required-^--Hold- Contractpending receipt of Certificate of Insurance ^. With incorporation of Insurance provisions as shown, this contrast is approved by the Risk Manager: ry~ Risk Manager's Signature: ~/~'YI Date: I Gf' • 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 Bud~g/eat and Fiscal Controfl~Act: r Financial Services Director's Signature: ~LU'~w~ ~~ /J~''`~`'-' Date: 7 7! ~ O Countv 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 epf n of BOCC consultants). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: ~ ~a Countv Manager This contract has been reviewed and is approved by the County Manager Y~ No^. This contract has been reviewed and is to be suli 'tted for B C consideration Yes^No~ Manager's Signature: Date: f~Clerk to the Board .Submitted for Chair signature: `` Clerk's Signature: ~' _ Date: Revised December 2009_