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4707
COURTS - ADMINISTRATION OFFICE OF (WASTATE)
Interpreter $ervices
Muni Court
LEG 12-1
01/01/2008
06/30/2008
02/15/2010
01/01/2010
lAA08270
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RECEIVED
APR 0 82008
INTERAGENCY AGREEMENT IAA08270
between
STATE OF WASHINGTON
ADMINISTRATIVE OFFICE OF THE COURTS
1206 Quince Street SE
PO Box 41170
Olympia, Washington 98504-1170
and
KITSAP COUNTY
BREMERTON MUNICIPAL COURT
900 Pacific Ave
Bremerton, W A 98337
BY
MUNICIPAL COURT
THIS CONTRACT is entered into by and between the Administrative Office of the Courts
("AOC") and KITSAP COUNTY, BREMERTON MUNICIPAL COURT
(" C ")
ontractor .
1. PURPOSE
The purpose of this contract is to engage the services of the Contractor to improve the quality
and availability of court interpreter services for Limited English Proficient (LEP), deaf and hard
of hearing persons in accordance with RCW 2.42 and 2.43.
a. These funds are intended to address the Contractor's following needs:
o Financial need - i.e., the gap between the Contractor's available financial
resources and the costs to meet its need for certified, registered and
qualified interpreters; and
o Interpreter need - i.e., the gap between the level of the LEP, deaf and hard
of hearing public's need for language access to the Contractor's court(s)
(i.e., the level of interpreter need) and the available interpreter pool (in
particular, certified, registered and qualified interpreters in the applicant's
most frequently needed languages).
lAA08270
Page 1 of 6
2. DESCRIPTION OF SERVICES TO BE PROVIDED
a. The Contractor will ensure that the interpreter funding is targeted to improve the quality
and availability of court interpreter services for Limited English Proficient (LEP), deaf
and hard of hearing persons by reimbursing Certified, Registered and Qualified
interpreters for interpreter services in accordance with the Interpreter Services Funding:
Funding Conditions / Payment Structure, and Travel and Mileage Reimbursement
requirements as set forth at:
https://inside.courts.wa.qov/index.cfm?fa=controller. showPaq e&fo Id er= cou rtl nterp rete r &
file=lnterpreterlnformationforCourts .
b. The Contractor agrees to actively participate in the new vision and structure for state
funding of interpreter services; and to track and provide the interpreter cost and usage
data needed to demonstrate the impact of the funding. In particular, the Contractor
agrees to submit electronically with each request for reimbursement a completed
Interpreter Services Funding Data form, reflecting the interpreter services and costs for
which the Contractor seeks reimbursement. The Interpreter Services Funding Data
form (an Excel spreadsheet), and Instructions for completing it are set forth at:
https:llinside.courts.wa.qov/index.cfm?fa=controller. s howP ag e& fold er= cou rt I nterprete r &
fi le= I nterpreterl nformationforCou rts .
c. The Contractor agrees to partner closely with the AOC Interpreter Program and the
Interpreter Commission to identify and implement innovations and best practices for
providing interpreter services (e.g., innovations in scheduling of interpreters), with a
view to improving interpreter services and the service infrastructure statewide.
3. PERIOD OF PERFORMANCE
The period of performance under this Contract shall be from January 1,.2008 through June 30,
2008. Option to extend for state FY 2009 Guly 1, 2008 - June 30, 2009) must be mutually
agreed upon by the AOC and the Contractor.
lAA08270
Page 2 of 6
4. COMPENSATION
a. Contractor shall be reimbursed a maximum of $3,600.00 for costs incurred during the
contract period. January 1, 2008 - June 30, 2008. If the AOC and the Contractor agree to
extend the contract period for state FY 2009, d1e Contractor will be reimbursed a
maximum of $7,200.00 for d1e period July 1, 2008 through June 30, 2009Contractor shall
receive payment for its costs for interpreter services as set forth in Section 2.a.
c. Contractor shall not be reimbursed until A-19 invoices are received and approved by
AOe.
d. If this agreement is terminated, Contractor shall only receive payment for performance
rendered or costs incurred in accordance with the terms of this agreement prior to d1e
effective date of termination.
e. In order to receive payment, Contractor shall submit a paper A-19 invoice to AOC, and
shall additionally submit its A-19 invoice and its completed Interpreter Services Funding
Data form (see Section 2.b) electronically to AOC (either by email or on CD).
f. The Contractor shall submit its paper A-19 invoices to AOC Financial Services, PO Box
41170, Olympia, Washington 98504-1170 no more frequently than monthly. The
contractor shall submit its A-19 invoices and completed Interpreter Services Funding
Data forms electronically to AOC Court Services (contact information to be
determined). Payment to the Contractor for approved and completed work will be made
by warrant or account transfer by AOC within 30 days of receipt of a properly-
completed invoice and the completed Interpreter Services Funding Data form. Upon
expiration of the Agreement, any claim for payment not already made shall be submitted
within 30 days after d1e expiration date or d1e end of the fiscal year, whichever is earlier.
g. Contractor shall maintain sufficient backup documentation of expenses under this
agreemen t.
5. ADDITIONAL INTERPRETER DATA
In addition to collecting and submitting to AOC the required interpreter data in order to
support its requests for reimbursement as set forth in Section 2.b of this Agreement, the
Contractor agrees to provide infonnaLi,)j) to the AOC tdcrcncing the amount Contractor spent
on interpreter services for Contractor's fiscal years 2005 through 2008, and for the first half of
Contractor's fiscal year 2009 (through June 30, 2009).
6. LANGUAGE ASSISTANCE PLAN (S)
As a condition of receiving funding under this Agreement, Contractor agrees to create and
maintain an AOC-approved Language Assistance Plan.
IAA08270
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7. TREATMENT OF ASSETS AND PROPERTY: The AOC shall be the owner of any and
all fIxed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of
pursuant to this Agreement.
8. RIGHTS IN DATA: Unless othet-wise provided, data which originates from this contract
shall be "works for hire" as defIned by the U.S. Copyright Act of 1976 and shall be owned by
the AOe. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, smveys, studies, computer programs, filins, tapes, and video
and/ or sound reproductions. Ownership includes the right to copyright, patent, register, and
the ability to transfer these rights. In the event that any of the deliverables under this contract
include material not included within the defInition of "works for hire," the Contractor hereby
assigns such rights to the AOC as consideration for this contract.
Data which is delivered under this contract, but which does not originate therefrom, shall be
transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided,
that such license shall be limited to the extent which the Contractor has a right to grant such a
license. The Contractor shall advise the AOC, at the time of delivery of data furnished under
this contract, of all known or potential invasions of privacy contained tl1erein and of any
portion of such document which was not produced in the performance of this contract. The
AOC shall receive prompt written notice of each notice or claim of copyright infringement
received by the Contractor with respect to any data delivered under this contract. The AOC
shall have the right to modify or remove any restrictive markings placed upon the data by the
Contractor.
9. INDEPENDENT CAPACITY: The employees or agents of each party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that party and shall
not be considered for any purpose to be employees or agents of the other party.
10. AGREEMENT ALTERATIONS AND AMENDMENTS: This Agreement may be
amended by mutual agreement of the parties. Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind each of the parties.
11. RECORDS, DOCUMENTS, AND REPORTS: The Contractor shall maintain books,
records, documents and other evidence of accounting procedures and practices which
suffIciently and properly reflect all direct and indirect costs of any nature expended in the
. performance of this contract. These records shall be subject at all reasonable times to
inspection, review, or audit by personnel duly authorized by the AOC, the OffIce of the State
Auditor, and federal offIcials so authorized by law, rule, regulation, or contract. The Contractor
will retain all books, records, documents, and other material relevant to this contract for SL'\:
years after settlement, and make them available for inspection by persons authorized this
provision.
12. RIGHT OF INSPECTION: The Contractor shall provide right of access to its facilities to
the AOC, or any of its offIcers, or to any other authorized agent or offIcial of the state of
Washington of the federal government at all reasonable times, in order to monitor and evaluate
performance, compliance, and/or quality assurance under this contract.
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13. DISPUTES: Disputes arising under this Agreement shall be resolved by a panel consisting of
one representative from the AGC, one representative from the Contractor, and a mutually
agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority
prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section.
14. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written
notice to the other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior
to the effective date of termination.
15. GOVERNANCE: This Agreement is entered into pursuant to and under the authority granted
by the laws of the state of Washington and any applicable federal laws. The provisions of this
Agreement shall be cons hued to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or nue, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the agreement, including materials incorporated by reference.
16. ASSIGNMENT: The work to be provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party in whole or in part, without the express
prior written consent of the other party, which consent shall not be unreasonably withheld.
17 . WAIVER: A failure by either party to exercise its rights under this Agreement shall not preclude
that party from subsequent exercise of such rights and shall not constitute a waiver of any other
rights under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
18. SEVERABILITY: If any provision of this Agreement, or any provlslOn of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision and to this
end the provisions of this Agreement are declared to be severable.
19. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon
by the parties. All items incorporated herein by reference are attached. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
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CONTRACT MANAGEMENT
The program managers noted below shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement:
AOC Program Manager: Contractor Program Manager:
Chris Ruhl Theresa Ewing
Administrator
900 Pacific Ave
Bremerton, WA 98337
360-473-5262
PO Box 41170
Olympia, W A 98504-1170
(360) 705-5228
Chris. Ruhl courts.wa. ov
theresa.ewll @ci.bremerton.wa.us
ENTIRE AGREEMENT: This contract contains all the terms and conditions agreed upon by
the parties. No other understandings, oral or otherwise, regarding the subject matter of this
contract shall be considered to exist or to bind any of the parties to this agreement unless
otherwise stated in this contract.
AGREED:
THE ADMINISTRATIVE OFFICE OF
, THE COURTS
Date
:3 /2-& W
I /
IAA08270
CONTRACTOR
QQ9
SignatunG
-=r::h e f'-e-..sA A . t:.Lu i r:J
Printed Name
Date 03\ 2'0 \ 0<2>
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