HomeMy WebLinkAbout2012-203 Housing - Isabel Garland - Spanish Interpreter $5,000 ORANGE COUNTY
COUNTYWIDE INTERPRETER CONTRACT
NORTH CAROLINA (15,000 OR LESS)
THIS AGREEMENT, made and entered into this 1st day of July, 2012, ("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"),and Isabel Garland (the "Provider");
WITNESSETH:
For the purpose and subject to the following 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 (hereinafter referred to as "Services")to the County in accordance with the terms of
this Agreement,time being of the essence.
1. Contract. This Contract consists of this document and additional documents checked
below:
a. For Health Department:
i. n Health Department Additional Terms and Conditions
ii. ❑ Business Associates Agreement
iii. ❑ Condition of Contract Statement
b. For Department of Social Services:
i. ❑ The General Terms and Conditions (Attachment A);
ii. ❑ The Scope of Work, description of services, and rate(Attachment B);
iii. n Federal Certification Regarding Drug-Free Workplace (Attachment C);
iv. n Conflict of Interest(Attachment D);
v. n No Overdue Taxes(Attachment E);
vi. n Outcomes and Reporting (Attachment N)
These documents constitute the entire agreement between the Parties and supersede all prior oral
or written statements or agreements.
2. Provider's Responsibilities:
a. The Provider shall be qualified to interpret between English and Spanish with the client and
County staff.
b. Professional Conduct. 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 relate to all County clients and staff in a respectful and
professional manner.
ii. 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.
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iii. The provider when providing interpretation services will interpret the information as
clearly as possible without changing the meaning and the intent of the conversation.
iv. The Provider will interpret the information to the best of his/her ability.
c. Client Confidentiality.
i. The Provider acknowledges that she/he may have access to information that is
confidential and provided by state and federal laws and agrees to comply with all
privacy policies, regulations, and laws as well as the Health Insurance Portability
and Accountability Act(HIPAA)of 1996(P.L.104-191).
ii. The Provider agrees to protect confidential information (e.g., client name,
appointment type,telephone number, health information)that he/she may receive in
doing business with County. 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.
iii. Breaches of client confidentiality will result in automatic termination of this
Agreement.
d. Scope of Services.
i. Procedures and Guidelines Upon Acceptance of an Interpretation Assignment:
1. The Provider agrees to give at least 24 hour notice if he/she is unable to
participate in a scheduled client contact.
2. 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 County staff. The Provider should notify
County 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.
3. The Provider shall not have contact with County clients without County
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.
3. County's Responsibilities. County will compensate Provider as provided in subsection 4 for
interpretation services at the rate prescribed. Per hour reimbursement will begin at the time the
Provider meets with County 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. There will be a minimum of one (1) hour of service for an appointment. County
will reimburse the Provider for one(1)hour of interpretation 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.
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4. Payment for Services: 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/hour for Interpretation Services). 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. The procedures for
payment of services rendered shall be as follows:
a. The Provider. The Provider will complete and submit the County Invoice for Payment of
Interpretation Services form to County staff at the time the service is rendered. County staff
will verify the information,sign and forward the form for payment of services.
b. For interpretation 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.
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.
For question,contact the departmental contact.
iii. In the event of a cancelled appointment, the Provider is required to stay until
relieved of duty by the individual in charge. County 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 County 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.
v. In the case of an unexpected closing or delayed opening(e.g., inclement weather) of
the County Offices when providing interpretation services, 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 possible,the Provider
is also asked to help call his/her scheduled clients to inform them of the delay or
closing.
5. Term. The term of this Agreement shall be from July 1,2012 to June 30, 2013.
6. Errors and Omissions. 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.
7. Additional Terms and Condition. The County may have additional terms and condition that
shall be provided as Attachment 1, and shall be attached and are hereby incorporated by
reference.
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8. Precedence Among Contract Documents: In the event of a conflict between or among the terms
of the Contract Documents, the terms in the Contract Document with the highest relative
precedence shall prevail. The order of precedence shall be the order of documents as listed in
Paragraph 1, above, with this contract document having the highest precedence then the first
listed document and the last-listed document having the lowest precedence. If there are multiple
Contract Amendments, the most recent amendment shall have the highest precedence and the
oldest amendment shall have the lowest precedence.
9. 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.
10. 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 shall payroll tax of any kind be withheld or paid by the County on behalf
of the Provider or the employees of the Provider.
11. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services.
12. Indemnity: The Provider agrees to defend,indemnify,and hold harmless Orange County from 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.
13. 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.
14. 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.
15. 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.
16. Non Appropriation: 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.
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IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
b PR• ' : Isabel Garland
By: Al "0 If By: 10 0.Anual
Cou wager Title: h vyk-or-VIreke"
200 S. Cameron St. 2711 Ode Turner Rd.
P.O. Box 8181 Hillsborough,NC 27278
Hillsborough,NC 27278
This ins ment has been api o ed as to technical content.
d .. A Airy--
T. a L.Fikes,r"ousing,Housing and
Community Development Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
-phi--
Clarence G.Grier, Finance Director
This iitru s been approved as to form and legal sufficiency.
015411111i1
An -tte M.T\ oore, Staff ttorney
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