HomeMy WebLinkAbout2014-340 Housing - Thein Tun Zan for translation or interpretation services $2,000 ORANGE COUNTY
COUNTYWIDE INTERPRETER/
TRANSLATOR CONTRACT
($15,000 OR LESS)
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1st day of July, 2014, ("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 Thein Tun Zan(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 1:he following
Interpretation and Translation services (hereinafter referred to collectively 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. ❑ 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. ® Federal Certification Regarding Drug-Free Workplace(Attactment C);
iv. ® Conflict of Interest(Attachment D);
v. ®No Overdue Taxes (Attachment E);
vi. ❑ Outcomes and Reporting(Attachment N)
These documents constitute the entire agreement between the Parties and supersede 311 prior oral
or written statements or agreements.
2. Provider's Responsibilities:
a. The Provider shall be qualified to interpret between English and Burmese and translate
between English and Burmese with the County staff.
b. Professional Conduct. The Provider shall adhere to the standards of professional conduct of
an interpreter and translator 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.
Revised May 2014 1
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.
iii. The provider when providing translation services will translate the information as
clearly as possible without changing the meaning and the intent of the document.
iv. The Provider will interpret and translate the information to the best of Iris/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/deleidon 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 whey_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 cell 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.
ii. Procedures and Guidelines when the Provider Accepts a Translation Assignment:
1. When asked to translate from English into the second language„the Provider
will review the original English version and request any clarification from
County staff prior to translation.
Revised May 2014 2
2. As needed, the Provider will discuss with County staff recommendations to
improve the utility and cultural appropriateness of material for the target
audience prior to translation. Upon consultation with Provider, County staff
may choose to modify the English version before resubmitting for a direct
translation. Document consultation may be charged as part of the
translation service,but must be agreed upon in advance.
3. All translations should match the original version in terms c f content and
format.
4. The Provider will submit an electronic version of thi-, translation.
Documents must be formatted using an MS Word software program and/or
submitted as a PDF so that COUNTY staff can open and read the document.
3. County's Responsibilities. County will compensate Provider as provided in subsection 4 for
interpretation and translation services at the rate prescribed. Per hour reimbursement will begin
at the time the Provider meets with County staff for the appointment and ends a: the time the
staff and interpreter contact is completed. 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.
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
$2,000 ($35/hour for Interpretation and $35/hour for Translation 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 either the County Invoice for Payment
of Translation Services or 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 only:
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 isz 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).
Revised May 2014 3
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 Provid-r 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, 2014 to June 30, 2015.
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 satisj action 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 conditions that
shall be provided as an attachment(s)and is (are)hereby incorporated by reference.
8. Precedence Among Contract Documents: In the event of a conflict betwe;n 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 documen: 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
Revised May 2014 4
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 ag-eement of the
patties 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 Rstice of North
Carolina seated in Orange County, North Carolina. Provider shall at all tinLes remain in
compliance with all applicable local, state, and federal laws,rules, and regulations including but
not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General
Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor
and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes. Where applicable, failure to maintain compl--ance with the
requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of
this Agreement. By executing this Agreement Provider affirms Provider is in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes.
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.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
[SIGNATURE PAGE TO FOLLOW]
Revised May 2014 5
ORANGE C UNTY PROVIDER: Tjh'eeiin Tun Zan
Bonnie Hammersley
,County Manager
Title � � C
200 S. Cameron St. 1 f 4 P oenix Dr.
P.O.Box 8181 Chapel Hill,NC 27516
Hillsborough,NC 27278
This instrument has bee roved as to technical content.
J es E. D' 1 , .,
terim D ector,Housing, uman Rights and
Community Development Department
This instrument has been pre-audited in the manner re uired by the Loc 1 Government Budget and Fiscal
Control Act.
ov�Pu�� �' GRCs��llvrc�'t /�' dQ
1 rence rier, Fi ance Services Director
This i t e ha een approved as to form and legal sufficiency.
Annet t M.Moo e, Staff Att rney
Revised May 2014 6
ATTACHMENT B
SCOPE OF WORK
Orange County Department of Social Services
Federal Tax Id. or SS�
Contract#
A. CONTRACTOR INFORMATION
1. Contractor Agency Name: 11-��e S Vr,��h c" ,t,
2. If different from Contract Administrator Information in General Contract:
Address
Telephone Number: Fax Number: Email:
3. Name of Program (s): Interpreter/Translator Services
4. Status: ( ) Public ( ) Private,Not for Profit (X) Private, For Profit
5. Contractor's Financial Reporting Year July 1, 2014 through June 3C, 2015
B. Explanation of Services to be provided and to whom (include SIS Service Code):
C. Rate per unit of Service(define the unit):
1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services C]Zart)
2. Negotiated County Rate.
$35.00/hour - Interpretation $0.12 per word
D. Number of units to be provided:
E. Details of Billing process and Time Frames; The County will reimburse the Contractor
for services described in this contract up to the budgetary limits of the contract allotment.
The County will reimburse the Contractor at a rate of$35.00/hour for approved services
provided and travel at the county rate. For reimbursement the Contractor must submit the
Orange County apartment of Social Services Invoice for Payment of Interpreting
Services form to the County staff at the time services are rendered. County staff will
verify the information, sign the form and forward the form to the designated Count
Administrator. The County will reimburse the Contractor monthly upon receipt of a
complete and correctly filed report.
Contract-Scope of Work(06/04) Page lof 2
Per hour reimbursement will begin at the time the Contractor meets with County staff for
the appointment and ends when the County staff and Contractor contact is completed.
There will be a minimum of 1 hour of service for an appointment. Mileage
reimbursement will be for round trip from the Contractor's home or work site to the
prearranged appointment site.
F. Area to be served/Delivery site(s): _Orange County
(Signature of County Author' Person) (Signature of Contractor)
� L3 ///3p 6 z z
(Date Sub 'tied) (Date Submitted)
Contract-Scope of Work(06/04) Page 2of 2
ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Orange County Department of Social Services
I. By execution of this Agreement the Contractor certifies that it will provide a drug-free
workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, dis-ribution,
dispensing, possession or use of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
B. Establishing a drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
C. Malting it a requirement that each employee be engaged in the performance of the
agreement be given a copy of the statement required by paragraph(A);
D. Notifying the employee in the statement required by paragraph (A) that, as a ccndition of
employment under the agreement, the employee will:
(1) Abide by the terms of the statement; and
(2)Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five days after such conviction;
E. Notifying the County within ten days after receiving notice under subparagraph(D)(2)
from an employee or otherwise receiving actual notice of such conviction;
F. Taking one of the following actions,within 30 days of receiving notice under
subparagraph(D)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee,up to and including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency; and
Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (A), (B), (C), (D), (E), and (F).
Federal Certification-Drug-Free Workplace(06/04) Page 1 of 2
Il. The site(s) for the performance of work done in connection with the specific agreement are
listed below:
1. 113 Mao Street
(Street address)
Hillsborough, Orange, NC, 27278
(City, county, state, zip code)
2. 2501 Homestead Road
(Street address)
Chapel Hill, Orange,NC, 27516
(City, county, state, zip code)
Contractor will inform the County of any additional sites for performance of work under this
agreement.
False certification or violation of the certification shall be grounds for suspension of payment,
suspension or termination of grants, or government-wide Federal suspension or debarment
(Section 4 CFR Part 85, Section 85.615 and 86.620).
ICj
Signature Title
Agency/Organization Date
(Certification signature should be same as Contract signature.)
Federal Certification-Drug-Free Workplace(06/04) Page 2 of 2
ATTACHMENT D
CONFLICT OF INTEREST POLICY
Orange County Department of Social Services
Conflict of Interest Defined:
A conflict of interest is defined as an actual or perceived interest by a(Contractor/staff
member/Board member) in an action that results in, or has the appearance of resulting in,
personal, organizational, or professional gain. A conflict of interest occurs when an
employee/Contractor/Board member has a direct or fiduciary interest in another
relationship. A conflict of interest could include:
➢ Ownership with a member of the Board of Directors/Trustees or an employee
where one or the other has supervisory authority over the other or with a client
who receives services.
➢ Employment of or by a member of the Board of Directors/Trustees or an
employee where one or the other has supervisory authority over the other or
with a client who receives services.
➢ Contractual relationship with a member of the Board of Directors/Trustees or
an employee where one or the other has supervisory authority over the other or
with a client who receives services.
➢ Creditor or debtor to a member of the Board of Directors/Trustees or an
employee where one or the other has supervisory authority over the other or
with a client who receives services.
➢ Consultative or consumer relationship with a member of the Board of
Directors/Trustees or an employee where one or the other has supervisory
authority over the other or with a client who receives services.
The definition of conflict of interest includes any bias or the appearance of bias in a
decision-malting process that would reflect a dual role played by a member of the
organization or group. An example, for instance, might involve a person who is an
employee and a Board member, or a person who is an employee and who hires
family members as consultants.
Employee/Contractor/Board Member Responsibilities:
It is in the interest of the organization, individual staff, and Board members to strer..gthen
trust and confidence in each other, to expedite resolution of problems, to mitigate the
effect and to minimize organizational and individual stress that can be caused by a
conflict of interest.
Employees are to avoid any conflict of interest, even the appearance of a conflict of
interest. This organization serves the community as a whole rather than only serving a
special interest group. The appearance of a conflict of interest can cause embarrassment
to the organization and jeopardize the credibility of the organization. Any conflict of
interest,potential conflict of interest, or the appearance of a conflict of interest is to be
reported to your supervisor immediately. Employees are to maintain independence and
objectivity with clients, the community, and organization. Employees are called to
Conflict of Interest Policy(06/04) Page 1 of 2
maintain a sense of fairness, civility, ethics and personal integrity even though law,
regulation, or custom does not require them.
Acceptance of Gifts:
Employees, members of employee's immediate family, and members of the Board are
prohibited from accepting gifts, money or gratuities from the following:
a. Persons receiving benefits or services from the organization;
b. Any person or organization performing or seeking to perform services under
contract with the organization; and
c. Persons who are otherwise in a position to benefit from the actions of any
employee of the organization.
Employees may, with the prior written approval of their supervisor, receive honoraria for
lectures and other such activities while on personal days, compensatory time, annual
leave, or leave without pay. If the employee is acting in any official capacity, honoraria
received by an employee in connection with activities relating to employment with the
organization are to be paid to the organization.
NOTARIZED CONFLICT OF INTEREST POLICY
State of North Carolina
County of Orange
c
1, �t Vt I �� y� , certify that I have read the forgoing
information, understand it, and that no conflict of interest exists in the execution of this
contract.
Signature
Sworn to and subscribed before me on the day o h� , 2014.
JO My Commission Expires:
L&"
Signature and Seal)
CRYSTAL BELLE COBLE
NOTARY PUBLIC
ORANGE COUNTY
NORTH CAROLINA
Conflict of Interest Policy(06/04) Pz-ge 2 of 2
Attachment E
Thein Tun Zan
114 Phoenix Drive
Chapel Hill,NC 27516
To: Orange County Department of Social Services
Certification:
I certify that I do not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at
the federal, State, or local level. I further understand that any person who makes a false
statement in violation of N.C.G.S. 143-6.2(b2) is guilty of a criminal offense punishable
as provided by N.C.G.S. 143-34(b).
Sworn Statement:
1, being duly sworn, say that I am Thein Tun Zan; and that the foregoing certification is
true, accurate and complete to the best of my knowledge and was made and subscribed by
me. I also acknowledge and understand that any misuse of State funds will be reported to
the appropriate authorities for further action.
Signature
Sworn to and subscribed before me on thec�+ day of 2014.
wa;j" r4k - My Commission Expires:
(No y Signature and Seal)--
CRYSTAL BELLE COBLE
NOTARY PUBLIC
ORANGE COUNTY
NORTH CAROLINA