Appendix H

THIS AGREEMENT is made 2013

BETWEEN:

  1. NORTH YORKSHIRE COUNTY COUNCIL (“the Council”) of County Hall Northallerton North Yorkshire DL7 8AD; and
  1. [NAME] (“the Grant Recipient”), resident at [ADDRESS].

BACKGROUND

  1. The Council is to establish an approved list of Community Interpreters and Translators to assist North Yorkshire County Council and other public sector organisations with Interpretation and Translation services. The service is to be called “Talk To Us” and the approved list of interpreters and translators will operate for 5 years.
  1. The Council has invited applications from individuals with suitable interpretation / translation skills who wish to be on the approved list. It is a requirement of the agreement between the Council and each approved interpreter / translator that they obtain a professional indemnity insurance policy in an amount for each and every claim, act or occurrence or series of claims, acts or occurrences which is sufficient to cover their liabilities under the agreement.
  1. To assist approved interpreters / translators with the cost of the insurance requirement detailed above, the Council has decided to award a Grant of £30 per year, payable on an annual basis, to those who successfully apply.
  1. The Grant Recipient, an approved interpreter / translator, has submitted an application for a grant of funding, details of which are at Schedule 1. The Council has resolved to award a Grant to the Grant Recipient for the purposes and upon the terms and conditions set out in this Agreement. The parties intend that they will be legally bound by this Agreement.
  1. The obligations under this Agreement, including but not limited to payment of the Grant, are conditional on the continued inclusion of the Grant Recipient on the approved list.

IT IS AGREED as follows:

1.DEFINITIONS

1.1In this Agreement the following expressions shall have the following meanings:-

Contract Conditions for Interpretation / Translation Services / The document at Schedule 2.
Grant
Grant Agreement Period
Grant Application / £30 (thirty pounds) per year, for each year of the Grant Agreement Period. In any event, the total Grant will not exceed £150.
A period of five years commencing on the date of this Agreement as specified above.
The application detailed in the document “Invitation To Submit An Application To Provide Community Interpretation And Translation Services” at Schedule 1.

2.THE GRANT

2.1Pursuant to all enabling powers and in consideration of the Grant Recipient’s obligations contained in this Agreement the Council agrees to pay the Grant to the Grant Recipient on the date of this Agreement.

2.2Any consent, approval or expression of satisfaction to be given by the Council shall not be unreasonably withheld or delayed and shall be considered by the Council as soon as reasonably possible.

3.THE GRANT RECIPIENT’S OBLIGATIONS

3.1In consideration of the payment of the Grant the Grant Recipient agrees with the Council as follows:-

(a) Only to apply the Grant towards the cost of obtaining professional indemnity insurance cover in an amount for each and every claim, act or occurrence or series of claims, acts or occurrences sufficient to cover liability under the Contract Conditions for Interpretation / Translation Services.

(b) Ensure that the insurance cover detailed at 3.1(a) will be in place by no later than on the Commencement Date detailed in the Contract Conditions for Interpretation / Translation Services and that such cover will remain in place for the Grant Agreement Period.

(c)To provide such documentation to the Council as may be required to confirm that the Grant Recipient is compliant with clauses 3.1(a) and 3.1(b).

(d)To repay to the Council any sum of money which has been (in the Council’s view) incorrectly paid to it as a result of an administrative error. This includes, but is not limited to, situations where a sum over and above the Grant has been released, or where the Grant has been released prematurely.

(e)To inform the Council immediately of any change to the information contained in the Grant Application at Schedule 2.

(f)To comply with any other requirements which may reasonably be imposed by the Council during the Grant Agreement Period.

  1. THE COUNCIL’S OBLIGATIONS

6.1 The Council agrees with the Grant Recipient as follows:

(a) To make the Grant available to the Grant Recipient upon receipt of this Agreement signed by the Grant Recipient. The Grant will be paid in equal amounts over the Grant Agreement Period. The first payment is to be payable within 30 (thirty) days of the date of this Agreement, and then on or around the same day each year until the end of the Grant Agreement Period.

  1. TERMINATION

5.1The Council shall be entitled to terminate this Agreement and stop payment of the Grant with immediate effect by serving written notice on the Grant Recipient at any time in the following circumstances:-

(a) The Grant is used in any way other than in accordance with clause 3.1 (a) to 3.1(f).

(b) If for any reason the Contract for Interpretation / Translation Services at Schedule 2 is terminated.

(c) At any time the Council becomes aware that any representation or information material to this Agreement provided by the Grant Recipient is false or incorrect whether intentionally or not.

(d) The Grant Recipient acts in a way which in the Council’s view:

  1. has a detrimental impact on the Interpretation / Translation Service; or
  2. brings the reputation of the Council in to disrepute.

(e) The Grant Recipient is found to have committed an act of fraud.

(f) Bankruptcy, insolvency or liquidation of the Grant Recipient whether compulsory or voluntary

5.2Upon termination of this Agreement pursuant to clause 5.1 the Council shall be entitled to cease any further payment of the Grant to the Grant Recipient. The Council may, if it deems appropriate in the circumstances, demand repayment by the Grant Recipient of all or any part of the Grant.

5.3The remedy as detailed at clause 5.2 shall be without prejudice to any other rights or remedies arising from this Agreement or by operation of law.

6.GENERAL

6.1The Grant Recipient may not assign the benefit of this Agreement.

6.2Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between the parties.

6.3This Agreement contains all the terms which the parties have agreed in relation to the Grant and supersedes any prior written or oral agreements and representations in relation to the Grant.

6.4Any failure or delay by either party in exercising any right, power or remedy under this Agreement shall not impair such right, power or remedy nor operate as a waiver of it.

6.5The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

6.6All notices under this Agreement shall be sent by first class post to the addresses which appear on the first page of this Agreement.

6.7This Agreement shall be governed by English Law and the parties agree to submit exclusive jurisdiction of the English Courts.

EXECUTED on the date which first appears above

SIGNED as by an authorised signatory

of the Council

SIGNED by the Grant Recipient

as an individual

Schedule 1

Invitation To Submit An Application

To Provide Community Interpretation And Translation Services

To be inserted

Schedule 2

Contract Conditions for Interpretation /

Translation Services

To be inserted

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