HomeMy WebLinkAbout2015-465-E Housing - Thein Tun Zan for Burmese and Burmese-Karen translation $2,000 DocuSign Envelope ID:06AAB631-0851-4E11-92513-5EEFE2=429
ORANGE COUNTY
COUNTYWIDE INTERPRETER/
TRANSLATOR CONTRACT
($15,000 OR LESS)
NORTH CAROLINA
THIS AGREEMENT', made and entered into this 1st day of.July, 2015, ("Effective Date")by and
between Oiange County, North Carolina, a body politic and corporate organized under the laws of the State
of North Carolina, (the"County"),and Ihein Iun Zan(the"Provider");
WIINESSETH:
For the purpose and subject to the following terms and conditions hereinafter set forth, the County
hereby contracts fox the services of the Provider, and the Provider agrees to provide the following
Interpretation and Translation services (hcieinafler 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 Agi eernent
iii ❑ Condition of Contract Statement
b,. For- Department of Social Services:
i ❑ The General Tenns and Conditions (Attachment A);
ii. ® The Scope of Work, description of'seivices, and rate(Attachment B);
iii ® Federal Certification Regarding Drug-Free Workplace(Attachment C,);
iv ® Conflict of Interest(Attachment D);
v ® No Overdue Iaxes (Attachment E);
vi ❑ Outcomes and Reporting(Attachment N)
These documents constitute the entice 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 Burmese and translate
between English and Burmese and English and Kai on 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.
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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 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
(=AA) 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.
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
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
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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 of content and format.
4 the Provider will submit an electronic version of the translation Documents must
be formatted using an MS Ward software program and/oi submitted as a PDP 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 Pei 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. County will reimburse the Provider for two (2) hours 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
a Compensation. Compensation for Services shall include all compensation due the
Provider fiom the County fox all Services provided under- this Agreement including
Reimbursable Expenses as specified below
i) Basic Services The amount to be paid by the County shall not exceed Two
Thousand Dollars ($2,000), to be paid at a rate of $40/hour foi Interpretation Services and
$ 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
ii) Reimbursable Expenses Reimbursable expenses are in addition to the fees for
Services for Interpretation Services Only. Mileage shall be a reimbursable expense
for travel to and from the job site to the extent reasonable and actually incurred by
the Provider,with respect to the Services provided:
b. The Provider shall complete and submit the County Invoice fox Payment of Translation or
Inteipretation 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 Reimbursable
expenses shall be compensated by the County along with invoices for Services provided by
Provider. Payment of Reimbursable Expenses shall be subject to Provider's timely
submission of valid receipts for any such expenses and approval by the County. Any
additional charges not specified herein, must be mutually agreed to in advance by County
and Provider and documented in writing with a letter signed by authorized representatives
for County and Provider and, subject to budgeted funds
c. Poi interpretation services only:
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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 2.4 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. Ihis 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 Provides 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 1,2015. to.Tune 30, 2016
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 necessaxy under this Agreement in a
fully competent, professional and timely manner to the satisfaction of the County Provider shall be
responsible for all errors ox 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 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 Nan—waiver: Pailure 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
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an employee with respect to the Services performed hereunder f'or federal or state tax, unemployment
or workers' compensation purposes The Provider understands that neither federal, not 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 County recommends that Provider 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 any 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 errors or omission on
the patt of the Provider
13. Termination: Ihis 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 Aj�teement: 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 patties unless and until modified in writing and signed by the parties Modifications may be
evidenced by telefacsimile signature This Agreement together with any amendments or
modifications may be executed electronically All electronic signatures affixed hereto evidence the
intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute
Chapter 66.
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. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-
discrimination laws.
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 at-e 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
ORA %L,4UTJNIY PR � �,Uein Tun Zan
�j"vL v,tt (kawlwrt V SCu�
By: By: �,...
Bonnie ammersley,County Manager Title:
Interpreter (Burmese), Translator (Burmese & Karen)
200 S Cameron St 114 Phoenix Dr
P.O. Box 8181 Chapel Hill,NC 27516
Hillsborough,NC 27278
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ATTACHMENT B
SCOPE OF WORK
Orange County Department of Social Services
Federal Tax Id. or SSN
Contract 4
A. CONTRACIOR INFORMATION
I. Contractor Agency Name:
2 If diffe,-ent from Contract Administrator Information in General Contract:
Address
Telephone Number: _ Fax Number: Email:
3 Name of Program (s): Interpreter Services
4 Status: ( ) Public ( ) Private, Not for Profit ( X) Private,For Profit
5. Contractor's Financial Reporting Year July 1, 2015 through June 30, 2016
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 Chart)
2 Negotiated County Rate.
$40.00/hour —Interpretation_and,_$40.00_per hour: - Translation
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 S40.00/houx for approved services
provided and travel at the county rate. For reimbursement, the Contractor must submit the
Orange County Department of Social Services Invoice for Pg ent of Interpreting
Services form to the County staff at the time services axe rendered. County staff will
verify the information, sign the form, and forward the form to the designated County
Administrator. The County will reimburse the Contractor monthly upon receipt of a
complete and correctly filed report.
Contract-Scope of Work(06104) Page lof'2
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Per hour reimbursement will be in at the time the Contractor meets with Count, s�f_for
the a ointment and ends when the Count sty aff and Contractor contact is completed.
ted.
There will be a minimum of 1 hour of service for an a ointment. Mileage
reimbursement will be for round trip from the Contractor's home or work site to the
prearranged gppointmment site.
F Area to be served/Delivery site(s): Orange County_
DocuSigned by:
�y ^w^^^DocuSigned by
��I/l l/l It �IGUMwtt VS JI UxAv, 4
(Signature of County Authorized Person) (Signature o Contractor)
8/26/2015 8/25/2015
(Date Submitted) (Date Submitted)
Contract-Scope of Work(06/04) Page 2of 2
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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, distribution,
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-Eee 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 Making 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 condition of
employment under the agt cement,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 Iaking 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(06104) Page I of 2
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lI the site(s) for the performance of work done in connection with the specific agreement are
listed below:
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)
^w^^^docn5igned by.
-UV" I- Interpreter (Burmese), Translator (Burmese & Karen)
Signature Title
8/25/2015
Agency/Organization Date
(Certification signature should be same as Contract signature )
Federal Certification- Diug-Face Workplace(06/04) Page 2 of 2
DocuSign Envelope ID:06AAB631-0851-4E11-92513-5EEFE2=429
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 Directorsarustees 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-making 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/Contracto.t/Board Membex Responsibilities:
It is in the interest of the organization, individual staff, and Board members to strengthen
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
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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 ate to be paid to the organization,
NOIARIZED CONFLICT OF INIEREST POLICY
State of North Carolina
County of Orange
I, �it� L In� �,� , certify that I have read the fbrgoing
information,understand it, and that no conflict of interest exists in the execution of this
contr act..
Signature
Sworn to and subscribed before me on the day of , 2015
My Commission Expires: l
o ey I ignatur an/dS e a 1
CRYSTAL BELLE COSLE
NOTARY PUBLIC
ORANGE COUNTY
NORTH CAROLINA
Conflict of Interest Policy(06/04) Page 2 of 2
DocuSign Envelope ID:06AAB631-0851-4E11-9258-5EEFE2C2D429
Exhibit E
Thein Tun Zan
114 Phoenix Dr.
Chapel Hill,NC 27216
T o: 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.0 G.S 143-34(b)
Sworn Statement:
I, 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
ter,,. •��
Signature
Sworn to and subscribed before me on the day ofdlf , 2015
My Commission Expires: 'r!�j
otary Signat ure and Seal)
CRYSTAL BELLS COBLE
NOTARY PUBLIC
ORANGE COUNTY
NORTH CAROLINA