050-08 - Resolution - Contract with Administrative Office of the Courts for Interpreter FundingRESOLUTION NO. 050-08
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
AN INTERAGENCY AGREEMENT NO. IAA09453 WITH THE
ADMINISTRATIVE OFFICE OF THE COURTS FOR
INTERPRETER FUNDING.
WHEREAS, the City has a duty to provide interpreter services to criminal defendants
appearing in the Port Orchard Municipal Court; and
WHEREAS, the costs for interpreter services are born by the City; and
WHEREAS, in 2007, the state passed legislation authorizing the Administrative Office of
the Courts (AOC) to allocate partial funding for interpreter services throughout the state; and
WHEREAS, the City Council finds that it is in the City's interest to enter into an
agreement with AOC to receive funding for interpreter services;
now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: The City Council hereby approves the Agreement
attached hereto as Exhibit A and by this reference incorporated
herein.
THAT: The Mayor is authorized to execute, on behalf of the City,
the Interagency Agreement NO. IAA09453 with AOC for
interpreter funding.
PASSED by tl·1e City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 25th day of November 2008.
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INTERAGENCY AGREEMENT IAA09453
between
STATE OF WASHINGTON
ADMINISTRATIVE OFFICE OF THE COURTS
1206 Quince Street SE
PO Box 41170
Olympia, Washington 98504-1170
and
PORT ORCHARD MUNICIPAL COURT
216 Prospect St
Port Orchard, WA 98366-5326
RECEIVED
DEC 08 2008
PORT ORCHARD
MUNICIPAL COURT
THIS CONTRACT is "ntered into by and be!:'Neen the Administrative Office of the Courts
(" AOC'') and PORT ORCHARD MUNICIPAL COURT ("Cumractor'}
1. PURPOSE
The purpose of this contract is tu engage the services of the Contractor to improve the
quality and ctvailabJlity of court interpreter services for Limited English Proficient (LEP),
deaf and hard of hearing persom in accordance with RCW 2.42 and 2.43,
a. 'T'hese funds ate intcndeJ to address the Contractor's f(11Jowing needs:
:_--j Financ1_al need , -l.e.) the gap bct"\vc:en the Contractor's 3V3.ilable financja] resources
and the co~t'~ tt) rneet its need fnt ccrtifieJ, registered and qualified interpreters; and
Interpreter need -Le., 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 Cerrified, 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 £:)tth at:
b. TJ-H:: Cuntractor agrees to actively participate in the new visicm ancL ~~tn1cture for smte
funding uf interpreter services; and to track and provide the interpreter cost and usage
data nec.dt:d to demonstrate the irr1p:acr of the fundjng. In particular .. , lhc Cuntractur
IAA094,53 Page l of 6
agrees to submit electronically with each request for reimbursement completed
Interpreter Services Funding Data reflecting the interpreter services and costs for
which the Contractor seeks reimbursement. The Interpreter Services Funding Data
must be submitted in accordance with the instructions found at:
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 in1proving interpreter services and the service infrastructure statewide.
3. PERIOD OF PERFORMANCE
The period of pcrforrnance under this"Contt:act shaJl be frGrn July 1) 2008 through August
31. 2009.
4. COMPENSATION
a. Contractor shall be reimbursed a maximum of$ 310 (three hundred ten and 00/100
dollars) for costs incurred during the period ofjuly 1, 2008 -June 30, 2009. No
teirnbursen:1ent shaH be _made under th.is contract for interpreting occurring subsequent
to June 30, 2009.
b. Contractor shall receive pay1nent for its costs for interpreter service:; 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 reflecting 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 reflecting interpreted assignments occurring between
January 1, 2009 and lv1arch 3l\ 2009, must be received by the i\()C no later th<iil
May 15, 20()9.
3) Paper A-19 invoices and Data reflecting interpreted assignments occurring bet\veen
April!, 2009 and June 30,2009, must be received by the AOC no iater than
August14, 2009.
d. If this agreement is terminated, Contractor shall only receive payment for performance
rendered or costs incurred in accordance with the tenns of this agreement prior to the
effective date of terminatlon.
e. The Contractor shaD submit its paper A-19 invoices to:
IAA09453 Page 2 of 6
lit'
5.
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 warrant
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.
ADDITIONAL INTERPRETER DATA
In addition to collecting and submitting to AOC the required interpreter data in order to
support irs reguescs for rein1l:H.:ttse1nent as set forth in Section 2.b of this Agreement, the
Contractor agrees to docun1ent fOr AOC the amount Contractor spent on jnterpreter
services for calendar years 2005 through 2008, and for the first half of calendar year 2009
(through June 30, 2009),
LANGUAGE ASSISTANCE PLAN(S)
As a condition of receiving funding under tl1is Agreement, Contractor agrees to implement
and maintain an AOC-approved Language Assistance Plan.
7. TRE.ATMENT OF ASSETfJ AND l'R.OPERTY
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 otherv;~se 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 AOC. Data
shall include, but not be limited to, reports, documents, pamphlets, advertisements, hooks,
rnagazines, surveys, .studies, computer programs, films, tapes, and video and/ ot 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
IAA09453 Page 3 o:E 6
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, deUver, 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 with respect to any data delivered under
this contract. Tbe i\_()C shall have tl1e 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
consldered for any purpose to be employees or agents of the orhcr party.
10. AGREEMENT .ALTERATIONS AND AMENDMENTS
tic This 1\grcement may be amended by mutual agreement of the parties. Such amendments
i' 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
authori:t:ed by dx: _/\_()C, the (JfGce pf the State Auditor.. ancl 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,
coinplianc(\ and/ or quality assurance under this contract.
IAA09453 Page 4 of 6
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. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the
other party. lf 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 construed to conform to those laws.
In the"'Cvent of an _inconsistency ln the terms of this Agree1nent, or between its tenns and
any applicable statute or rule, the inconsistency shall be resolved by giving precedence in
the following urde r:
1. i\j"Ypiicable state and federal statutes and rules;
2. Smterr1ent of work; and
3. i\ny other provisions of the agreement, including materials incorporated by reference.
16. ASSIGNMENT
The work to be provided under tbis 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 shalJ 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.
IAA09453 Page 5 of 6
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 arc 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.
The progran1 manage~ts ~nori:d ·-beJow shall be .responsible f()r und shan b-e the conmcr person fot all
communications and billings regarding the performance of this contract:
fA_O_C_P_;;,g:;a-m-Ma;;a_g_e~-: ---·--Contractor =p:--r_o_g-ra-m--M:-c-a-n_a_g_e_r_: -----~ ..•
Katrin Johnson Deborah Hunt I
Administrator i
PO Box 41170
Olympia, WA 98504-1170
(.)W) -'M-40(>2
Port Orchard, WA 98366-5326
3(,(18761701
216 Prospect St j'
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A.GREED::
THE i\DN!INISTR/Ic T!VE OFFICE
OFTHEC URTS
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Date
CONTRACTOR
Title
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IAA09453 Page 6 of 6