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4859
COURTS - ADMINISTRATION OFFICE OF (WA STATE)
Court Interpreter Services
Muni Court
LEG 12-1
07/Ol/2009
08/31/2010
05/Ol/2010
IAA10232
0
INTERAGENCY AGREEMENT IA.A10232
between
STATE OF WASHINGTON
ADMINISTR.ATIVE OFFICE OF THE COURTS
1206 Quince Street SE
PO Box 41170
Olympia, Washington 98504-1170
and
Bremerton Municipal Court
THIS AGREEMENT is entered into bp and between the Adxninisttative Office of the Courts
("AOC") and Bremea:ton Municipal Couxt ("Conttactor'�.
1. DEFINITIONS
For purposes of this contcact, the following defuutions shall applp:
a. "Ceitified Interpreter" means an interpreteY who is certified by the administrative
office of the couits, as defined in RCW 2.43.020 (4). The names and contact
information of cea.-tified intespieters are found, and incorpoiated hexein bp reference, at
�vww.coutts.wa.gov/interpreters.
b. "Registesed Interpretex" means an interpretea: who has fulfilled the requii:ements to be
cegistered bp the AOC Court Intexpretex Piogiam. This includes passing a written
exam and an oial proficiencp exam. The names and contact information of registered
interpxetexs axe found, and incorporated hexein b� reference, at
www. couxts.wa.go�T/inteipxetexs.
c. "Qualified Interpretex" means a spoken language interpiete�: as defined in RCW
2.43.020 (2), os sign language intea.pretes as defiried in RCW 2.42.110 (2).
d. "Qualif��ing even�' means a court interpreted event meeting anp of the following
criteiia and the Funding Conditions found, and incolporated herein by iefeience, at:
http://inside.cow:ts.wa.gov/index. cfm?fa=con�:ollei.showPage&foldea:=courtInteipret
ea:&file=intea.pieteiSei-�ricesFunds:
❑ If the language intetpieted is a language for which there are certified spoken
language intea:pretea:s, the event was intea.preted by a certified interpreter wlzo
was paid fift�� dollars pei how:.
❑ If the language interpieted is a language for which these are xegistered spoken
language intexpreters, the event was inteipieted by a iegistered inte.ipreter who
�.vas paid fift�� dollars pe�: hour.
❑ If the language inteipxeted is a language for wliich thea:e are registered spolien
language inteipietea:s, and tlie court made diligent efforts to secure a registered
itztea.preter jTet none was ieasonably available, a.nd the event was inteipieted by
a qualified interpiete�:.
IAA10232 Page 1 of 7
� If the language interpieted is a lailguage foi which there are iio cerrified or
registexed spoken langulge intezpreteis, the e��ent was inteYpreted bj� a qualified
interpretei.
❑ If the event was interpreted by a qualified sign language inteipreter.
2. PURPOSE
The purpose of this Agreement is to engage the seivices of the Coun � Ci , via rhe Court,
to unprove the quality and availability of court interpietei services for Limited �nglish
Proficient ("LEP"), deaf, and hard of hearing persons in accoidance widz chapters 2.42
and 2.43 RCW.
a. These funds aie intended to address the Cou.it's following needs:
0 Financial need — i.e., die gap between die Court's ava.ilable financial resow:ces and
the costs to rneet its need fox certified, registered and qualified interpreters; and
❑ InteLpreter need — i.e., dze gap between the le�=el of the LEP, deaf, and hard of
heaiing public's need for language access to the Court's court(s) (i.e., the level of
interpreter need) and the available inteipreter pool (in particular, certified,
registered and qualified interpreters in tl�e applicant's inost frequendy needed
languages).
�. DESCRIPTION OF SERVICES TO BE PROVIDED
a. The Court agrees to activelp participate in die new �ision and structure fox state
funding of inteipxeter services, and to track and provide i.nterpretex cost and usage
data needed to demonsttate t11e itnpact of the funding. In particulat, the Cow. agrees
to submit electronically with each xequest foi reimbursement, completed Interpretex
Sei�ices Funding Data"("ISr Data") xeflecting interpieter services and costs: The -
Court will submit ISF Data representing both qualifying and non-qualifj�ing e�Tents.
b. Electronic data shall be submitted using the online application and inst�:uctions found,
and incozpoiated herein by reference, at:
htt�://inside.courts.wa.gov/inde�.chn?fa=controller sho��vPlge&foldei=courtInter�r
eter&file=inter�reteiSeivicesFunds
c. The Cont�:actoi will ei2suxe that the interpreter funding is used for reunburserneilt of
costs pa.id to cextifted, registered and qualified inteipretexs for qualifying events, and
pu�suant to tlie Funding Conditions set foith, and incorporated heiein bp refe�:ence,
at:
htrn�: i %u���de.e�ures.w�.� o�ii��je� cfin=f�=r<�nrrc�lle� ;h��-P��,�e&fc,Ider=c<�,urtTntex�
r�.tei&Eile=aiter�ietra•5en-icesFlul��,s
d. The Court agi:ees to partne,r closely with the AOC Inte�.pretea: Piogram, tlie
Intei�pretex Cominission, and neighboring couits to identifp and implernent
innovations and best practices foi providing intea.preter seivices (e.g., innojTations in
scheduling of inteipieters, sharing of transla.ted iesouices, tiaisung of staff and
IAA10232 Page 2 of 7
judges), with a�riew to irnproving interpseter seivices and tlze service infrasti�ucture
statewide.
4. PERIOD OF PERFORMANCE
The period of perfoiinarice under tlzis Ag�:eement shall be fiom July 1, 2009 through
August 31, 2010,
5, COMPENSATION
a, The Court shall be reimbLUSed a ma�:imum of $3,873 for costs incw:red during the
period of Jul� 1, 2009 — June 30, 2010. No xeimbw:sement shall be inade under this
Agceement for interpieting occurring subsequent to June 30, 2010.
b. The Court shall receive payment foi its costs foi interpreter sea.�vices as set forth in
Secti.on 3c.
c. The Court shall not be ieimbursed until paper A-19 invoices and corresponding
electronic ISF Data aie received and approved by AOC, pw:suant to the following
schedule:
1) Paper A-19 invoices and ISF Data reflecting interpreted assign�.nents occurring
between July 1, 2009 and Septembex 30, 2009, must be ieceived bp the AOC no
latea: than Novembet 13, 2009.
2) Papex A-19 in�oices and ISF Data seflecting interpxeted assignments occurring
between October 1, 2009 and December 31, 2009, must be received b3� the AOC
no lates than Februa�.y 15, 2010.
3) Papex A-19 invoices and ISF Data reflecting inteYpreted assigmnents occw_�ng
between January_ 1, 2010 and March_30, 2010, must be receiired by tlie AOC no
later than Map 14, 2010.
4) Papea: A-19 in�oices and ISF Data ieflecting interpieted assignments occw:ung
between Ap�11, 2010 and June 30, 2010, must be Yeceived by die AOC no latea:
than August 13, 2010.
d. If this agleement is texminated, the CoLUt shall onlp recei�Te pa��ment foi peiformance
rendeied or costs incw:�:ed in accordance with the texms of this agreeanent prior to tlie
effective date of tei�nination.
e. The Cow:t shall, no more frequentlp than moutlil3T, submit its paper A-19 in�oices to:
AOC Financial Sei-�rices
PO Box 41170
Olympia, Waslvngton 98504-1170
The ISF Data shall be subinitted electronicall� to AOC Couit Ser�ices as described in
pasag�:aph 3U,
IAA10232 Page 3 of 7
£ Payment to dze Court for approved and coinpleted work will Ue made by warrant or
accotuit traiisfer U� AOC witlun 30 daps of receipt of a properlj�-coinpleted paper
uivoicc and die completed ISr Data.
g. The Court shall maiiltain sufficient bacl�up documentation of e�penses under this
agreement.
li. AOC, in its sole disca:etion and upon notice, may initiate rcvenue sharin� and reallocate
funding among courts. If it appea�:s the Couxt may not expend the ma.zitn��m
A�:eement amount, AOC maj� reduce the maxunum Agreement amount AOC may
increase the maximu.m Agreement amount if add.itional fiuids become available
tlztough these revenue slz�sing ptovisions.
G. ADDITIONAL INTERPRETER DATA
In addition to collecting and submittuig to AOC the iequued ISP Data in order to support
its requests foi reunbursement as set forth in Section 3b of this Agreement, the Court
agi:ees to document for AOC the amount tlie Cow-t spent on interpreter seivices for
calendar year.s 2005 tiv_ough 2009, and for the fv:st half of calendar year 2010 (through
June 30, 2010).
7. I.ANGUAGE ASSISTANCE PLAN(S)
As a condition of recei��ing funcling under this Agxeement, the Court ag�:ees to implement
and inaintain an AOC-appioved Language Assistance Plan.
8. TREATMENT OF ASSETS AND PROPERTY
The AOC shall_be the owner of any and all fixed assets or personal property jointly or
coopea:atively, acquiied, held, used, oY disposed of puisuant to this Agreement.
RIGHTS IN DATA
Unless othea_-wise pio�ided, data wluch oxiginates from dvs Agreement shall be "works for
hise" as defined by the U.S. Copj�right �lct of 197G and slzall be owned by the AOC. Data
shall include, but not be limited to, reports, docurnents, pampl�.lets, advertiseinents, books,
magazines, surveps, studies, computex progxams, filtn.s, tapes, and video and/or sound
reproductions. Ownership includes the �ght to copyright, patent, iegistei, and the abilit��
to tsansfei these izghts. In the event that any of the deliveiables under this Agreement
include mate�al not included within the defiilition of "works fos hire," the Cow.rt heieby
assigns such �ghts to the AOC as considea:ation for this Agreement.
Data which is delivea:ed under this Agieeinent, but wluch does not originate tlzerefrom,
shall be transfe.�red to the AOC with a nonexclusive, ioyalty-free, irrenocable license to
publish, ti:anslate, reproduce, deliver, perform, dispose of, and to authoitize otheYS to do so;
Provided, that such license shall be limited to the extent which the Cou.rt has a iight to
IAA10232 Page 4 of 7
g�:ant such a license. Tlze Court sliall advise the AOC, at the time of deliverp of data
fuinished undea: this Ag�:eement, of all lulown or potenrial invasions of privacp contai.ned
dlea:ein and of anp portion of such docuinent wluch was not produced in tlze peifoxmance
of this Agreement. The AOC shall iecei�Te prompt wiitten notice of each notice oi claun
of coppright infi recei�Ted by the Court with respect to any data delivered under
this Agreement. The AOC slzall liave the �glzt to moclifp or remove an� restuctive
ma�:kings placed upon tlae data bSr the Cow:t.
10. INDEPENDENT CAPACITY
The emploqees or agents of each pa�:ty who ar.e engaged in the pezformance of tliis
Agleement shall continue to be employees or agents of that part�� and shall not be
conside�:ed for an� pm to be einployees or agents of tlse othes party.
1L AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement map be amended bp mutual agteement of the pa�. Such a.inendments
shall not be bindi.ng unless thep axe in writing and signed bp personnel authorized to bind
each of the parties.
12. RECORDS, DOCUMENTS, AND REPORTS
The Court shall mai.ntain books, records, documents and othex evidence of accounting
procedw:es and practices which sufficiendp and properlp reflect all dixect and indirect costs
of an� nature expended in the pea:fo�nance of tlus Agreement These records shall be
� subject at all reasonable times to inspection, rePiew, oi audit by personnel duly authorized
by the AOC, the Office of the State Auditor, and fedexal officials so authorized b3� law,
rule, regulation, or Agxeement. The Couit will setain all books, records, documents, and
__ _ _. other matexial relevant to.this Agreement foY six �eais after settlement, and make them -
available for inspection bp peisons authouzed under tl�is provision.
13. RIGHT OF INSPECTION
The Cow:t shall piovide right of access to its facilities to tlie AOC, or anp of its officexs, or
to a.n9 other authorized agent or official of the state of Washington of the federal
go�reriunent at all reasonable times, in oide,i to monitor and e�Taluate perforinance,
compliance, and/oi qualit�� assurance unde,i this Agleeineut.
14. DISPUTES
Disputes arising undei this Agreeineart shall be resolved b3r a panel consisting of one
iepresentatire fioin the AOC, one representative from the Cotut, and a inutuall�� agreed
upon dlud part��. The dispute panel slzall tlleieafter decide d�e dispute with the inajout��
prevailing. Neithcr party slzall hatTe iecourse to tlie coutts unless there is a showing of
noncompliance oi vvai�*er of tliis section. _
IAA10232 Page 5 of 7
15. TERMINATION
Either part�* inap terminate dus Agreement upon thuty (30) da3�s writteii notice to the
other party. If this Agreeinent is so teiiniiiated, the parties shall be lilble onlp foi
perfoiinance rendered oi costs incuued in accordance widz the terms of dzis Agteement
prior to d1e effective date of terinination.
1G. GOVERNANCE
Tlus Agreement is entered into pursuant to and undei the autlio�t�� g�:anted by the laws of
die state of Washington and any applicable federal laws. The provisions of this Agreemeilt
shall be cons�:ued to confoiin to those laws,
In the event of an ulconsistency in dze terms of diis Agreement, or between its terms and
anS� applicablc statute or rule, tlie uiconsistency shall be resolved by giving precedence in
the following order:
1. Applicable state and federal statutes and rules;
2. Tlus Agreement; and
3. Any other provisions of the agreement, including mate�ials incorporated bj� reference.
17. ASSIGNMENT
The work to be pro�rided under tlus Agieement, and anp claim ausing hereunder, is not
assignable or delegable by either p�ty in whole or in part, without the expiess prior written
consent of the other party, which consent shall not be unseasonably withheld.
18. WAIVER
A faili.ue bS� eidier paitp to exercise its rights under this Agreernent shall not pxeclude that
party fiom subsequent exercise of such rights and shall not constitute a wa.ivex of anp othex
iights under this Agreement unless stated to be such in a wuting signed bp an authouzed
Yepresentative of the pa�:ty and atta.ched to die original Agreement.
IAA10232 Page 6 of 7
19. SE�TERI�BILITY
lf.ant• Ja�:at•.isir�n c�f this .�.���eenzent, n.r ant• �z�nti isic�Li of �tnr• cle,c�u»c:nr incaipo.i:arecl la�
sc:f���e;racc� sh�ll be l.zcicl �in1•:�lid, :�ucl� an� ';tLCiII'S' SJ1ilII '!](7C 1EECC[ CI.1C nLI'1CI' �)]'C7�"1SIC1ilti C)I C�115
_1�,neemc�n�• a+luch can bc ��iven c:ff�cr ���ir.hr.�ur tl�r in��llid ��ru��isio» �ncl r.a r.lais rnd r.he
�j�r��•isianti �t �lu�; ;L�1'G.L:LI]L•'RT al:C C�Cr�11:L••C� TU }:1C: tiL•\'GT�L��L
20. ENTIRE AGREENTEN'T
This t\�;�:r.emenr cc�ntnins :�71 th� terms aucl cnnditi�ns ngr�ecl ui�an b}� the P�rrics. lVo
�the,• ut�dc�:sraaciiu�s, c�r1l o�• othca�ti=ise, re�ai:dul�; the st�l�jecr innri.er c�f t�us ..�t;rce�nr:i7t
ti�]11� UC C01151C�E1'�{] l'U �USI' C)L' CU �JI.TIC� 1I11' {)l Ci1C �):ll'Ut'S CU (:�115 A�I'G:L•I]1C:IIi Ll[11C:SS C1�IlL'1'lCt1SL•'
ststte.cl in this;�lgreeu�ent.
AGREENIENT A4ATFAGEA�IENT
T�ie�IaiagU�m mnn�gercnater] t�r.lt�tr s�i�]I be rc�sponsiblc fc�r ancl sh11( br d�e canc��t�r pcLSOn �or all
coininunicaric�ns and billin�,� rc�;arduig r1�e perFormsu�ct c�f dv:� _'��,�re�mcnt:
AOC Program Manager:
1`�trin )ohnson
I'�? I3csx �} 117C�
Olrm��iz, ��'�a 95�0=1-117C1
(3GU� 70�1•-�UG3
,. • . � „
AGREED:
THE t1D.A�fI��1STR�T'T\Z �FF]CL
C�F TI� CO C.�.tT�
�I�rl �r, I�u•ecrar
i:►1.. en�ces Di� isic�n
Court Pragram IvIaii��er.:
Ther�sti r 'aTing• ..^]dmiiusuar.ar
�tlU I'siciflc.`a��e
13reanerran,l� ;� 9$a3 l
3G0-�73-53G?
t'hea�esa. e�nin��ci. brcxnt:r r�n.�v1.u�
CU� TRACTfJR
; �^�
� v � � � �� � ���
L�are itrG�resa �u;, Dace
�'our-� �Lrv�Ges ��,na��r'
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