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HomeMy WebLinkAbout20020232.tiff RESOLUTION RE: APPROVE AGREEMENT FOR INTERPRETATION/TRANSLATION SERVICES FOR WELD COUNTY JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN - ROBERT CASH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Interpretation/ Translation Services for Weld County Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney for the 19th Judicial District, and Robert Cash, commencing January 1, 2002, and ending December 31, 2002, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Interpretation/Translation Services for Weld County Juvenile Diversion between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney for the 19th Judicial District, and Robert Cash be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of January, A.D., 2002. BOARD OF COUNTY COMMISSIONERS Lad.% COLORADO ATTEST: � � � 'v Gle aad, C C air rNi Weld County Clerk to the B.-rd David E. L g, Pro-Tern f'+to the Board rN� M. J. eile !SGI A dRM: EXCUSED 1f illi m H. erke orney -_k Robert D. asden Date of signature: a/'Y/1702-- 2002-0232 �� ,412 DA0017 AGREEMENT FOR INTERPRETATION/TRANSLATION SERVICES FOR WELD COUNTY JUVENILE DIVERSION PROGRAM THIS AGREEMENT is made and entered into this „qS't - day of January, 2002, nunc pro tunc, January 1, 2002, by and between the Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the District Attorney of the 19' Judicial District Juvenile Diversion Program, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Juvenile Diversion Program," and Robert Cash, whose address is 1630 22"d Avenue, Greeley, Colorado 80631, hereinafter referred to as "Interpreter/Translator." WITNESSETH: WHEREAS, the Juvenile Diversion Program provides counseling-type services to juveniles who are in trouble with the law, and WHEREAS, Juvenile Diversion is in need of interpretation and translation to assist the Juvenile Diversion Program in providing services to juveniles, and WHEREAS, Interpreter/Translator has time available to devote to such work at the hourly rate which is set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from January 1, 2002, through and until December 31, 2002. 2. SERVICES PROVIDED BY INTERPRETER/TRANSLATOR: Interpreter/Translator agrees to provide interpretation/translation services for persons involved in the Juvenile Diversion Program on an "as needed" basis as determined by the Program staff. 3. COMPENSATION: Juvenile Diversion agrees to pay Interpreter/Translator for all of his or her services performed pursuant to this Agreement at the rate of$30.00 per hour(min. of one hour) and/or$15.00 (flat rate) per phone call. Translation fee is $.30 per word into target language. Interpreter/Translator agrees to bill Juvenile Diversion for all such services on a monthly basis. The parties agree that the hourly compensation as contemplated herein shall constitute the entire amount of compensation due to Interpreter/Translator for any work performed hereunder. Interpreter/Translator shall not be entitled to the payment of any additional expenses, including, but not limited to, travel expenses, overhead, and daily expenses. The cap for the amount of money which may be spent by Juvenile Diversion in 2002 for all interpretation/translation services (by Interpreter/Translator and others) shall be $5,000.00. Page 1 of 3 2002-0232 4. INDEPENDENT CONTRACTOR: Interpreter/Translator agrees that he or she is an independent contractor and she will not become an employee of the District Attorney, nor is he or she entitled to any employee benefits as a District Attorney, Juvenile Diversion employee as a result of the execution of this Agreement. 5. INDEMNIFICATION: Interpreter/Translator shall indemnify District Attorney, Juvenile Diversion Program, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Interpreter/Translator in the performance of this Agreement and shall hold the District Attorney harmless from any loss occasioned as a result of the performance of this Agreement. 6. NON-ASSIGNMENT: Interpreter/Translator may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the District Attorney. 7. ACCESS TO RECORDS: District Attorney shall have access to Interpreter/Translator's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 8. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of the District Attorney to expend funds not otherwise appropriated in each succeeding year. 12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the District Attorney or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than the District Attorney and not a party to this Agreement. Page 2 of 3 13. CANCELLATION OF APPOINTMENTS WITH INTERPRETER/ TRANSLATOR: Either party hereto may cancel a scheduled appointment with Interpreter/Translator by giving 24 hour prior notice. No fee for such cancellation by Juvenile Diversion shall be assessed by Interpreter/Translator. Any such cancellation by Juvenile Diversion shall result in payment being owed to Interpreter/Translator for the entire sum of$30.00. IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above. ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK TO THE A OF WELD COUNTY, COLORADO, on COUNTY COMMISSIO behalf of THE 19Th JUDICIAL DISTRICT *. F ATTORNEY'S JUVENILE DIVERSION 1861(%_ 7 I PROGRAM BY: Ce tar G� BY: S /246 Deputy Clerk to the Boa Glenn Vaad, Cli ni idn (0//23/2O3 INTERPRET TRANSLATOR: BY: / R bert Cash Page 3 of 3 Hello