HomeMy WebLinkAbout9025 AGENDA BILL
CITY OF BREMERTON 5G
CITY COUNCIL
SUBJECT: Study Session Date: October 23, 2019
Interagency Agreement between the COUNCIL MEETING Date: November 6, 2019
Washington State Administrative Office of Department: Municipal Court
the Courts and Bremerton Municipal Court Presenter: Dawn Williams
for Interpreter Grant Funds Phone: (360)473-5242
SUMMARY: : This Interagency Agreement between the Administrative Office of the Courts and the
Bremerton Municipal Court provides reimbursement for up to 50% of interpreter costs not to exceed
$3,358.00 from July 1, 2019 to June 30, 2020.
ATTACHMENTS: Interagency Agreement IAA20147 between the Administrative Office of the Courts
and Bremerton Municipal Court.
FISCAL IMPACTS (Include Budgeted Amount): Reimbursement Funding in an amount not to
exceed $3,358.00. No matching funds are required.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
9
RECOMMENDED MOTION:
Move to accept the Interagency Agreement IAA20147 between the Washington State Administrative
Office of the Courts and the Bremerton Municipal Court; and authorize the Court Administrator to
finalize execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Xl Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
INTERAGENCY AGREEMENT IAA 19163
BETWEEN
WASHINGTON ST A TE ADMINISTRATIVE OFFICE OF THE COURTS
AND
BREMERTON MUNICIPAL COURT
THIS AGREEMENT (Agreement) is entered into by and between the Admi nistrat iv e Office of
the Courts (AOC) and Bremerton Municipal Court (Court), for the purpose of dist ributing funds
for court interpreter services e x penses to the Bremerton Municipal Court (Court).
1. DEFINITIONS
For purposes of this contract, the following definitions shal l appl y:
a. "Certified Interpreter" means an interpreter who is cert ified by the Admi nistrativ e
Office of the Courts, as defined in RCW 2.43.020 (4 ) or an interpreter certified by the
Office of the Deaf and Hard of Hearing ("ODHH") pursuant to WAC 388-818-500, et.
seq. The names and contac t information of AOC-certified interpreters are found , and
incorporated herein by reference , at
http ://www.courts.w a .gov/proqrams orqs/pos interpreU . The names and contact
information of ODHH-certified interpreters are found , and incorporated herein by
reference , at either of these two web links :
https ://www .dshs .wa .gov/altsa/odhh/certified-court-interpreters
b. "Registered Interpreter" means an interpreter who is reg istered by t he Adm inistrative
Office of the Courts, as defined in RCW 2.43 .020 (6). The names and contact
information of registered interpreters are found , and incorporated herein by refe rence ,
at http ://www.courts.wa .gov/proqrams orgs/pos interpret/.
c . "Qual ified Interpreter" means a spoken language interpreter as defined in RCW
2.43.020 (2), or sign language interpreter as defined in RCW 2.42 .11 O (2).
d. "Qualifying Event" means a proceeding or event for which an interpreter is app ointed
by an appointing office r pursuant to RCW 2.42 and /or RCW 2.43.
2. PURPOSE
The purpose of this Agreement is to engage the services of the Court to improve the
quality and ava il ab ili ty of court interpreter se rv ices for Limited English Proficient ("LEP "),
deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW.
a. These funds are intended to address the Court's foll owing needs:
o Financial need -i.e ., the gap between the Court's available financial resources
and the co sts to meet its need for certified , reg istered , and quali f ied interpreters ;
and
• In terprete r need -i.e ., t he gap between the level of the LEP , ·deaf, and hard of
hearing public 's need for language access to the Court's (i.e., the level of
inte rpreter need ) and the av ailab le interp reter poo l (i n particu lar, certifi ed ,
registered , and qual ifi ed interpreters in the Court's most frequently needed
languages).
IAA19163 Page 1 of 6
3. DESCRIPTION OF SERVICES TO BE PROVIDED
a. The Court agrees to activel y participate in the v ision and structure fo r state funding of
interpreter services , and to track and provide interpreter cost and usage data needed
to demonstrate the impact of the funding . In particular, the Court agrees to submit
electronically with each request for reimbursement, completed Interpreter Services
Funding Data ("ISF Data") reflecting interpreter services and costs. The Court will
subm it ISF Data representing both Qua lify ing and non-qualify ing Events
b. Electronic data shall be submitted quarterly following the schedule as outlined in
Section 5c below and using the online application and instru ct ions found , and
incorporated here in by reference , at:
http :/tinside .courts .wa .qov/index .cfm?fa=contro ller.showPaqe&folder=courtlnterpreter
&fi le=interpreterStateFundinq .
c . The Court will ensure that the interpreter funding is used for reimbursement of costs
paid to certified , registered, and qualified interpreters for Qualifying Events pursuant
to Exh ibit A , wh ich is incorporated herein by reference .
d . The Court agrees to partner closely with the AOC Interpreter Program , the Interpreter
Commission , and neighboring courts to identify and implement innovations and best
and promising practices for providing interpreter services (e.g ., innovations i n
scheduling of interpreters, sharing of translated resources , training of staff and
judges), with a v iew to improving interpreter services and the serv ice i nfrastructure
statewide.
e. The Court may elect to pay for interpreter services that are not in accordance with the
provisions of Exhibit A as set forth; however, such payments w ill not be reimbursed .
f. The Court agrees to work collaboratively with the Washington State Supreme Court
Interpreter Commission and its assigned staff to re view the Court's Language Access
Plan for compliance with the legislative language contained in chapter 2.43 RCW.
g. The Court must implement, maintain , and update their Language Assistance Plan
(LAP) before April 30, 2019 in accordance with language access pol icies and
procedures the Commissi on or AOC ma y requi re to be addressed in such LAP(s))
and to have such plan reviewed and approved by the Supreme Court Interpreter
Comm ission before June 30, 2019. Failure to do so w ill result in the loss of funding
for the next fiscal year).
4. PERIOD OF PERFORMANCE
The execution of th is Agreement shall constitute a rat ificat ion of an earl ier verbal agreement
between the parties that is now set forth in writing. Ac cord ingly , the beg inning date of
performance under th is Agreement is July 1, 2018 , regardless of the date of e xecu tion and
which shall end on June 30, 2019.
5. COMPENSATION
a. The Court s hall be reim bursed a ma x imum of $2 ,857 fo r inte rpreter services co sts
in c urred during the period of July 1, 2018 to June 30 , 2019 . No reimbursement shal l
be made und e r this Agreement for inte rpreting services prov ided afte r June 30 , 2019.
IAA19163 Page 2 of 6
b. The Court shall receive payment for no more than 50 percent of its costs for
interpreter services as set forth in Exhibit A , and incorporated herein.
c . The Court shall not be reimbursed for interpreter services costs for Qualifying Events
until properly-completed paper A-19 invoices and corresponding electronic ISF Data
are received and approved by AOC, pursuant to the following schedule :
1) Reflecting Qualifying and non-qualifying Events occurring between July 1, 2018
and September 30, 2018 , must be received by the AOC no later than December
31, 2018.
2) Reflecting Qualifying and non-qualifying Events occurring between October 1,
2018 and December 31 , 2018, must be received by the AOC no later than March
1, 2019.
3) Reflecting Qualifying and non-qualifying Events occurring between January 1,
2019 and March 30, 2019, must be received by the AOC no later than Apr il 30 ,
2019 .
4) Reflecting Qualifying and non-qualifying Events occurring between April 1, 2019
and June 30 , 2019 , must be received by the AOC no later than July 31 , 2019 .
d . If this agreement is terminated, the Court 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. Court shall, submit its paper A-19 invoices quarterly to :
AOC Financial Services
PO Box 41170
Olympia, Washington 98504-1170
The ISF Data shall be submitted electronically to the AOC as desc ri bed in
Section 3b, above , and in conjunction with the quarterly invoice.
f. Payment to the Court for approved and completed work will be made by warrant or
account transfer by AOC within 30 days of receipt of a properly-completed paper
invoice and the completed ISF Data.
g. The Court shall maintain sufficient backup documentation of expenses under th is
Agreement.
h. The AOC , in its sole discretion and upon notice , may i nitiate revenue sharing and
reallocate funding among courts. If it appears the Court may not expend the
maximum Agreement amount, the AOC may reduce the maximum Agreement
amount. AOC may increase the maximum Agre ement amount if additional funds
become available through these revenue sharing prov isions.
6. TREATMENT OF ASSETS AND PROPERTY
T he AOC shall be the owner of any and all fixed assets or personal property j ointly or
cooperatively, acquired, held, used , or disposed of pu rsuant to th is Agreement.
7 . RIGHTS IN DATA
Unless otherwise pro vi ded , data which o riginates from this Agreement shall be "w orks for
hire" as defined by the U.S . Copyri ght Act of 1976 and shall be owned by the AOC . Data
shall include, but not be limited to, reports, doc uments, pamphlets , advertisements, book s,
IAA19163 Page 3 of 6
magazines, surveys , studies , computer programs , films , tapes , and vid eo and/or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ab i li ty to
transfer these rights. In the event that any of the deliverables under this Agreement
include material not incl uded within the definition of "works for hire," the Court hereb y
assigns such rights to the AOC as consideration for th is Agreement.
Data which is delivered under this Agreement, but which does not originate therefrom ,
shall be transferred to the AOC with a nonexclusive, royalty-free, irrevoca ble license to
publish, trans late , reproduce, deliver, perform, dispose of, and to authorize others to do so ;
Provided , that such license shall be limited t o the extent wh ich the Court has a right to
grant such a license. The Court shal l advise the AOC , at the time of de livery of data
furnished under this Agreement, of all known or potential i nvasions of privacy contained
therein and of any portion of such document wh ich was not produced in the performance
of this Agreement. The AOC shall receive prompt written not ice of each notice or claim of
copyright infringement received by the Court with respect to any data delivered under this
Agreement. The AOC sha ll have the right to modify or remove any restri ctive markings
placed upon the data by the Court.
8. 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.
9. AGREEMENT AL TERA TIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments
shall not be binding unless they a re in writing and signed by personnel authorized to bind
each of the parties.
10. RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records , documents and other evidence of accounting
procedures and practices which sufficiently and properly reflect all direct and indirect cos ts
of any nature expended in the performance of this Agreement. 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 Agreement. The Court will retain all books , records , documents, and other
material relevant to this Agreement for six years after settlement , and make them ava il able
for inspection by persons authorized under this provision.
11. RIGHT OF INSPECTION
The Court shall provide right of access to its facilities to the AOC , or any of its office rs, or
to any other authorized agent or official of the sta te of Washington of the federa l
government at all reasonable times, in order to monitor and evaluate performance ,
compl iance, and/or qual ity assurance under this Agreement.
12. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from the AOC, one representative from the Court, and a mutual ly agreed
upon third party . The dispute panel shall t hereafter decide the d ispute with the majority
IAA19 163 Pa ge 4 of 6
prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section .
13. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the other
party. If this Agreement is so term inated, 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.
14. 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 provision s of t his
Agreement shall be construed 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 ru le, the inconsistency shall be resolved by giving precedence in
the following order:
a. Applicable state and federal statutes and rules ;
b. This Agreement; and
c. Any other provisions of the agreement, includ in g materials incorporated by reference.
15. ASSIGNMENT t
The work to be provided under this Agreement, and any claim arising hereunder, 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.
16. WAIVER
A failure by either party to exe rcise 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 s igned by an
authorized representative of the party and attached to the orig inal Agreement.
17. 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 othe r prov isions 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 .
18. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties . No other
understandings, oral or otherwise, regarding the subject matter of th is Agreement shall be
considered to ex ist or to bind any of the parties to this agreement unless otherwise stated
in this Agreement.
IAA19163 Page 5 of 6
19. AGREEMENT MANAGEMENT
The program managers noted below shall be respons ible for and shall be the contact person
for all communications and billings regarding the performance of this Agreement:
AOC Program Manager
Robert Lichtenberg
Senior Court Prog ram Analyst
PO Box 41170
Olympia , WA 98504-1170
robert. lichtenberg@courts.wa.gov
(360) 350-5373
AGREED:
ADMIN ISTRATIVE OFFICE OF THE
CO U RTS
I, l / ,,//;;,
Title
Court Program Manage r
Dawn Wi ll iams
Administrator
-9G8-Paci#G-Ave 5 5 0 p CLr )(_ Av~
Bremerton , WA 98 337
Dawn .Wil liams@ci.bremerton .wa.us
360-4 73-5242
BREMERTON MUNICIPAL COURT
1xu.;. m 1)) &fl(Q[YV) I 0 ,30 -IY>
Signature Date
Name
' ' Coo r+ Rclh7 Lh.,,00-t,0-,+or
Title
IAA19163 Page 6 of 6