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4772
COURTS - ADMINISTRATION OFFICE OF (WA STATE)
Court Intergreter Services
Muni Court
LEG- 12-1
11/10/2008
06/30/2009
02/15/2011
01/01/2011
IAA09452-
INTERAGENCY AGREEMENT IAA09452
between
STATE OF WASHINGTON
ADMINISTRATIVE OFFICE OF THE COURTS
1206 Quince Street SE
PO Box 41170
Olympia, Washington 98504-1170
and
BREMERTON MUNICIPAL COURT
900 Pacific Ave
Bremerton, W A 98337
THIS CONTRACT is entered into bv and between the Administrative Office of the Courts
("AOC") and BREMERTON MUNICIPAL COURT ("Contractor").
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 RC\'V' 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).
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 0.'lileage
Reimbursement requirements as set forth at:
,lll'!"P:;:'/'/ i!l:.;id(:.J~()llrl:~. \\/a.,~'()V /in(lex.cf~i1 ?fa".=c()f'i cr()I fer, sl':,()\v }.~'c& f()1\ lcr::.-::.c( )It ('t- r nre;~p~
l~;.~ k~.J~~~J:lh~:N=-jjjlrr.n I ~Is1~~.~}~\{ict.0.t~~tlll.~L~.
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
IAPl.09452
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agrees to submit electronically with each request for reimbursement completed
Interpreter Services Funding Data reHecting the interpreter services and costs for
which the Contractor seeks reimbursement. The Interpreter Serv~ices Funding Data
must be submitted in accordance with the instructions found at:
J.Il.l.P5~!.~j::in2iJs~, C () LLLlS. \"\ 'a , ~)i:...uDll~s. C ~'~Tl ? f'J ::_:. CiJ..llX. f{ ! ! : (~r..:-: h {-) \\: }2~.:\"x ! '( ; Ie; t.L~':~'~<.J.lLl1J 1..!..1.L~
rClcr(~~f~1c :::.: !Jl:'.erprLtg~inf(11'n1:tti()nr()r(~()Ul'!,~.~ .
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 PERFORJ.\1ANCE
The period of performance under this Contract shall be from July 1,2008 through August
31,2009.
4. COMPENSATION
a. Contractor shall be reimbursed a maximum of $5,812 (five thousand eight hundred
twelve and 00/100 dollars) for costs incurred during the period of July 1,2008 - June
30,2009. No reimbursement shall be made under this contract for interpreting
occurring subsequent to June 30, 2009.
b. Contractor shall receive payment for its costs for interpreter services as set forth in
Section 2.a.
c. Contractor shall not be reimbursed until paper A-19 invoices and corresponding
electronic Interpreter Services Funding Data (Data) are received and approved by
AOC, pursuant to the following schedule:
1) Paper A-19 invoices and Data reHecting interpreted assignments occurring between
July 1,2008 and December 31, 2008, must be received by the AOC no later than
February 13, 2009.
2) Paper A-19 invoices and Data reHecting interpreted assignments occurring bet\veen
January 1,2009 and March 30, 2009, must be received by the AGC no later than
May 15, 2009.
3) Paper A-19 invoices and Data reHecting interpreted assignments occurring between
April 1, 2009 and June 30, 2009, must be received by the AGC no later than
August 14,2009.
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 the
effective date of termination.
e. The Contractor shall submit its paper A-19 invoices to:
IAA09452
?age 2 or 6
AOC Financial Services
PO Box 41170
Olympia, Washington 98504-1170
no more frequently than monthly.
The Interpreter Services Funding Data shall be submitted electronically to AOC Court
Services as described in paragraph 2.b.
f. Payment to the Contractor for approved and completed work will be made by \varrant
or account transfer by AOC within 30 days of receipt of a properly-completed paper
invoice and the completed Interpreter Services Funding Data
g. Contractor shall maintain sufficient backup documentation of expenses under this
agreement.
h. AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate
funding among courts. If it appears the Contractor may not expend the maximum
contract amount, AOC may reduce the maximum contract amount. AOC may
increase the maximum contract amount if additional funds become available through
these revenue sharing provisions.
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 document for AOC the amount Contractor spent on interpreter
services for calendar years 2005 through 2008, and for the first half of calendar year 2009
(through June 30, 2009).
6. LANGUAGE ASSISTANCE PLAN(S)
As a condition of receiving funding under this Agreement, Contractor agrees to implement
and maintain an AOC-approved Language Assistance Plan.
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 otherwise 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, surveys, studies, computer programs, films, 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
IAA09452
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include material not included \vithin the definition of "works for hire," the Contractor
hereby assigns such rights to the AOC as consideration for this contract.
Data \vhich is delivered under this contract, but which does not originate therefrom, shall
be transferred to the AOC with a nonexclusive, royaltv-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
therein 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 \vith 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 parry 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 six years after settlement, and
make them available for inspection by persons authorized under 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.
IAJI.094S2
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13. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from the AOC, 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. TERt\1:INATION
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 federalla\vs. The provisions of this Agreement
shall be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or betw-een its terms and
any applicable statute or rule, the inconsistency shall be resolved by giving precedence in
the following order:
1. Applicable state and federal statutes and rules;
2. Statement of work; and
3. 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 \vritten
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 aod attached to the original Agreement.
IlI.AO 9452
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. '
18. SEVERABILITY
If any provision of this Agreement, or any provision 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 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.
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 contract:
AOC Program Manager: Contractor Program Manager:
Katrin Johnson Theresa Ewing
Adminis tra tor
900 Pacitlc Ave
Bremerton, \YI A 98337
360-473-5262
PO Box 41170
Olympia, \YI A 98504-1170
(360) 704-4062
[(;1 trin.1 ohnson((lkoL1ns.\'n.~ov
thercsa.cwing-(~i!,ci. brcmcrton. wa.lIs
AGREED:
THE ADMIN STRA. TIVE OFFICE
OF THE C TJRTS
CONTRACTOR
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Prin ted Name
/1- )efY
Date I
COU( + Ser U) UL. 5 }Jl a Y\~ 5-er
Title
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Date
IAA09452
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