HomeMy WebLinkAbout20232541.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR BURMESE AND
ROHINGYA CLIENT TRANSLATION SERVICES AND AUTHORIZE CHAIR TO SIGN -
KHAIRULNISA KOBIRAHMAD
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 a Professional Services Agreement for
Burmese and Rohingya Client Translation Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Khairulnisa Kobirahmad, commencing August 1, 2023, and
ending July 31, 2024, 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 Professional Services Agreement for Burmese and Rohingya
Client Translation Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human Services,
and Khairulnisa Kobirahmad, 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 30th day of August, A.D., 2023, nunc pro tunc August 1, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:datdr44) j ;,A,
Weld County Clerk to the Board
BY:
APP
Date of signature: O9/i2/23
Coun ttorney
Mike eman, Chair
err L. Bu
Pro-Tem
cbtt K. James
Lori Saine
cc: 1-ISD
09 /IS'/,23
2023-2541
HR0095
COYrlmC�4' l 9A -?3 Zg
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Professional Services Agreement with Khairulnisa Kobirahmad for Burmese and
Rohingya Client Translation and Interpreting Services
DEPARTMENT: Human Services DATE: August 15, 2023
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue:
Agreement for Professional Services with Khairulnisa Kobirahmad for Burmese and Rohingya Client Translation
and Interpreting Services.
What options exist for the Board?
Approval of the Professional Services Agreement.
Deny approval of the Professional Services Agreement.
Consequences: Burmese and Rohingya Client Translation and Interpreting Services will not occur.
Impacts: Families will not receive Burmese and Rohingya translation and interpretation services.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Cost is $30.00 per hour, funded through Child Welfare.
Recommendation:
• Approval of the Professional Services Agreement and authorize the Chair to sign.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
2023-2541
Pass -Around Memorandum; August 15, 2023 - CMS ID TBD
?V30 1-12-00q,5
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND KHAIRULNISA KOBIRAHMAD
THIS AGREEMENT is made and entered into this 6Oday ofUA.s+' , 2023, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by nd through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and Khairulnisa Kobirahmad, who whose address is 1918 26th Street, Greeley, Colorado 80631, hereinafter
referred to as "Contractor".
WHEREAS, County desires to retain Contractor as an Independent Contractor to perform services as
more particularly set forth below; and
WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit
A, Scope of Services and Exhibit B, Rate Schedule, which forms an integral part of this Agreement. Exhibit A
and Exhibit B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to provide the materials, equipment and/or products necessary for the
outlined Scope of Work and further agrees to diligently provide all services and labor, as set forth in Exhibit A
and B.
3. Term. The term of this Agreement shall be from August 1, 2023, through July 31, 2024, or Contractor's
completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County
for periods longer than one year. This Agreement may be extended annually upon written agreement of both
parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by County
for such additional services.
6. Compensation/Contract Amount. County agrees to pay an amount no greater than $30.00 per hour, as
outlined in Exhibt B, for the term of this Agreement, as set forth in Paragraph 3. County agrees to pay Contractor
through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described
in Exhibit B. Contractor agrees to submit invoices which detail the work completed by Contractor. The County
will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction,
1
020& -25/74
it will remit payment to Contractor.
Contractor agrees to work within the confines of the Scope of Services outlined in Exhibit A.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees
to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an
independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through County and County shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such coverage is
made available by Contractor or a third party. Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements
for the completion of this Project without County's prior written consent, which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the
Work during the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by
County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the
terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which
Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall
cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order
shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans,
drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test
results and all other tangible materials obtained and/or produced in connection with the performance of this
Agreement, whether or not such materials are in completed form, shall at all times be considered the property of
the County. Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -
confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the
provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's
confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential
information to any other person or entity without seeking written permission from the County. Contractor agrees
to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this Agreement.
2
11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a
manner consistent with the standards governing such services and the provisions of this Agreement. Contractor
further represents and warrants that all services shall be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards, and that all services will conform to applicable
specifications.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be
construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part
of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall
not be construed as a waiver of any of the County's rights under this Agreement or under the law generally.
13. Insurance. Contractor shall procure at least the minimum amount of automobile liability insurance required
by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be
provided to County prior to the performance of any services under this Agreement.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or
omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or
on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of
the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or
court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement or its failure
to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary
loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the
award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
for losses arising from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its
rights hereunder without such prior approval by County shall, at the option of County, automatically terminate
this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and
absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving all matters
and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from
the date of the last payment received.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and
unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated
3
herein, contains the entire agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements
with respect to the subject matter contained in this Agreement. This Agreement maybe changed or supplemented
only by a written instrument signed by both parties.
20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this
Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.
22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would
continue beyond expiration or termination of this Agreement (including, without limitation, the warranties,
indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration
or termination.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to
the extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of
performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute
default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by
"force majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy,
unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to
the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-
performing or delayed party.
26. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
4
29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal
costs incurred by or on its own behalf.
30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null
and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and
agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the
complete and exclusive statement of agreement between the parties and supersedes all proposals or prior
agreements, oral or written, and any other communications between the parties relating to the subject matter of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
COUNTY:
ATTEST: ",osidt;
BY:
Deputy Cl
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair AUG 3 0 2023
TRA T S R:
hirulnisa Kobirahmad
1918 26th Street
Greeley, Colorado 80631
khai
By: Khairul.a, Kobirahmad (Aug 22, 2023 ,46 M D,
Khairulnisa Kobirahmad
Aug 22, 2023
Date:
5
02002,3 — O2 j-4Ll
EXHIBIT A
SCOPE OF SERVICES
The County uses the Contractor, Khairulnisa Kobirahmad to provide client translation and
interpretation services at an agreed upon meeting location. The Contractor will provide
translation services in Rohingya and Burmese for Weld County Department of Human Services
(WCDHS) clients based on their unique needs. This service provides additional translation
accommodation for WCDHS clients to help make sure they have access to services which they
may not have access to if this service was not provided.
1) The Contractor will, at the time of entering into this Agreement, possess the language
skills to be able to interpret spoken and written materials into English and vice versa.
2) Responsibilities of the Contractor:
a. Interpret spoken and written materials for any client working with the WCDHS.
b. Respond to requests for translation and interpretation within 48 hours of the
request being made, provided the request is made during the regular work week
(Monday — Friday 8:00am — 3:00pm).
c. Record time spent providing translation/interpretation for clients of WCDHS and
provide invoices for time spent at the end of each month.
d. Discontinue translation and interpretation at any point if the situation is beyond
the Contractor's level of knowledge.
e. Maintain strict confidentiality of protected client information.
3) Responsibilities of the County:
a. Reimburse the Contractor for the hours spent assisting with client needs.
b. Provide Contractor with the date, time, and location when interpretation is
needed.
c. Respect the Contractor's wishes to discontinue translation if the client is known to
the Contractor.
d. Become familiar with, and follow, all State and Federal rules and regulations
applicable to the services provided under this Agreement.
4) Expected Outcomes
a. Ease of certification and training for foster and kinship families working with the
Child Welfare Division.
b. Increased timeliness for certification for Rohingya and Burmese speaking foster
and kinship families working with the Child Welfare Division.
c. Increased diversity in incoming foster and kinship families.
d. Increased access to in person translation services for families or individuals
working with the WCDHS.
EXHIBIT B
RATE SCHEDULE
1) Funding and Method of Payment:
a. The County agrees to reimburse the Contractor in consideration of the work and
services performed under this Agreement at the rate specified in Paragraph 2,
below. The total amount to be paid to the Contractor during the term of this
Agreement shall be reported by the County after December 31, 2023.
b. Expenses incurred by the Contractor prior to the term of this agreement are not
eligible expenditures and shall not be reimbursed by the County.
c. Payment pursuant to this Agreement, whether in whole or in part, is subject to and
contingent upon the continuing availability of said funds for the purposes hereof.
If said funds, or any part thereof, become unavailable as determined by the
County, County has the right to terminate this Agreement, with or without cause
on thirty (30) days written notice, or amend accordingly.
2) Fees for Services:
a. Services rendered will be reimbursed at $30.00 per hour.
3) Submittal of Vouchers:
a. Contractor shall prepare and submit an invoice each month to the County to
certify that the services authorized were provided on the date(s) indicated and the
charges made were pursuant to the terms and conditions of Exhibit A.
SIGNATURE REQUESTED: Weld/Kobirahmad,
Khairulnisa PSA
Final Audit Report
2023-08-22
Created: 2023-08-17
By: Windy Luna (wluna@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAVch4phmKCL_g2I7OhvyQHkjpU5YdnNeO
"SIGNATURE REQUESTED: Weld/Kobirahmad, Khairulnisa PS
A" History
n Document created by Windy Luna (wluna@co.weld.co.us)
2023-08-17 - 9:47:38 PM GMT
Ley Document emailed to nh1980425@gmail.com for signature
2023-08-17 - 9:51:34 PM GMT
,5 Email viewed by nh1980425@gmail.com
2023-08-22 - 11:44:40 PM GMT
05 Signer nh1980425@gmail.com entered name at signing as Khairul Nisa, Kobirahmad
2023-08-22 - 11:45:58 PM GMT
d® Document e -signed by Khairul Nisa, Kobirahmad (nh1980425@gmail.com)
Signature Date: 2023-08-22 - 11:46:00 PM GMT - Time Source: server
el Agreement completed.
2023-08-22 - 11:46:00 PM GMT
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New Contract Request
Entity Information
Entity Name" Entity ID"
KOBIRAHMAD, KHAIRULNISA @00047509
Contract Name*
KHAIRULNISA KOBIRAHMAD (PROFESSIONAL
SERVICES AGREEMENT FOR LANGUAGE
TRANSLATION SERVICES)
Contract Status
CTB REVIEW
Contract ID
7328
Contract Lead
WLUNA
❑ New Entity?
Parent Contract ID
Requires Board
Approval
YES
Contract Lead Email
wluna@weldgov.com;co Department Project #
bbxxlk@weldgov.com
Contract Description
KHAIRULNISA KOBIRAHMAD (PROFESSIONAL SERVICES AGREEMENT FOR LANGUAGE TRANSLATION
SERVICES). TERM: AUGUST 1, 2023 THROUGH JULY 31, 2024.
Contract Description 2
PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 08/16/2023.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgo
v.com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WE
LDGOV.COM
Requested BOCC Agenda Due Date
Date* 08/26/2023
08/30/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those
contracts are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
05/31/2024
Committed Delivery Date
Renewal Date
Expiration Date*
07/31/2024
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
08/23/2023 08/24/2023 08/24/2023
Final Approval
BOCC Approved Tyler Ref #
AG 083023
BOCC Signed Date
BOCC Agenda Date
08/30/2023
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