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HomeMy WebLinkAbout09-145 - WA State Administrative Office of the Courts - Interpreter ReimbursementINTERAGENCY AGREEMENT IAA10256 between STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 1206 Quince Street SE PO Box 41170 Olympia, Washington 98504 -1170 and City of Tukwila THIS AGREEMENT is entered into by and between the Administrative Office of the Courts "AOC and City of Tukwila "Contractor a political subdivision of the State of Washington "County or City for the purpose of distributing funds for court interpreter expenses to the Tukwila Municipal Court. 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a. "Certified Interpreter" means an interpreter who is certified by the administrative office of the courts, as defined in RCW 2.43.020 (4). The names and contact information of certified interpreters are found, and incorporated herein by reference, at www.courts.wa.gov/interpreters. b. "Registered Interpreter" means an interpreter who has fulfilled the requirements to be registered by the AOC Court Interpreter Program. This includes passing a written exam and an oral proficiency exam. The names and contact information of registered interpreters are found, and incorporated herein by reference, at www.courts.wa.gov/interpreters. c. "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). d. "Qualifying event" means a court interpreted event meeting any of the following criteria and the Funding Conditions found, and incorporated herein by reference, at: http: inside. courts. wa. gov /index.cfm ?fa= controller.showPage &folder= courtInterpret er &file= interpreterS ervicesFunds: If the language interpreted is a language for which there are certified spoken language interpreters, the event was interpreted by a certified interpreter who was paid fifty dollars per hour. If the language interpreted is a language for which there are registered spoken language interpreters, the event was interpreted by a registered interpreter who was paid fifty dollars per hour. If the language interpreted is a language for which there are registered spoken language interpreters, and the court made diligent efforts to secure a registered interpreter yet none was reasonably available, and the event was interpreted by a qualified interpreter. IAA10256 09 -145 Council Approval N/A Page 1 of 7 at: If the language interpreted is a language for which there are no certified or registered spoken language interpreters, the event was interpreted by a qualified interpreter. If the event was interpreted by a qualified sign language interpreter. 2. PURPOSE The purpose of this Agreement is to engage the services of the County /City. via the Court, to improve the quality and availability of court interpreter services 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 following needs: Financial need i.e., the gap between the Court's available financial resources and the costs to meet its need for certified, registered and qualified interpreters; and 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 Court'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). 3. DESCRIPTION OF SERVICES TO BE PROVIDED a The Court agrees to actively participate in the new vision and structure for 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 submit ISF Data representing both qualifying and non qualifying events. b. Electronic data shall be submitted using the online application and instructions found, and incorporated herein by reference, at: httn: /inside.courts.wa.gov /index.cfm ?fa= controller.showPage &folder= courtInternr eter &file= interpreterServicesFunds c. The Contractor will ensure that the interpreter funding is used for reimbursement of costs paid to certified, registered and qualified interpreters for qualifying events, and pursuant to the Funding Conditions set forth, and incorporated herein by reference, htn s: /inside.courts.wa.gov/ index .cfin ?fa= controller.showPagc &folder= courtIntcrn rete &fileEi terpreterSer-vicesFunds 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 practices for providing interpreter services (e.g., innovations in scheduling of interpreters, sharing of translated resources, training of staff and IAA10256 Page 2 of 7 judges), with a view to improving interpreter services and the service infrastructure statewide. 4. PERIOD OF PERFORMANCE The period of performance under this Agreement shall be from July 1, 2009 through August 31, 2010. 5. COMPENSATION a. The Court shall be reimbursed a maximum of $14,150 for costs incurred during the period of July 1, 2009 June 30, 2010. No reimbursement shall be made under this Agreement for interpreting occurring subsequent to June 30, 2010. b. The Court shall receive payment for its costs for interpreter services as set forth in Section 3c. c. The Court shall not be reimbursed until paper A -19 invoices and corresponding electronic ISF Data are received and approved by AOC, pursuant to the following schedule: 1) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between July 1, 2009 and September 30, 2009, must be received by the AOC no later than November 13, 2009. 2) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between October 1, 2009 and December 31, 2009, must be received by the AOC no later than February 15, 2010. 3) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between January 1, 2010 and March 30, 2010, must be received by the AOC no later than May 14, 2010. 4) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between April 1, 2010 and June 30, 2010, must be received by the AOC no later than August 13, 2010. 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. The Court shall, no more frequently than monthly, submit its paper A -19 invoices to: AOC Financial Services PO Box 41170 Olympia, Washington 98504 -1170 The ISF Data shall be submitted electronically to AOC Court Services as described in paragraph 3b. IAA10256 Page 3 of 7 g. 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. The Court 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 Court may not expend the maximum Agreement amount, AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. ADDITIONAL INTERPRETER DATA In addition to collecting and submitting to AOC the required ISF Data in order to support its requests for reimbursement as set forth in Section 3b of this Agreement, the Court agrees to document for AOC the amount the Court spent on interpreter services for calendar years 2005 through 2009, and for the first half of calendar year 2010 (through June 30, 2010). 7. LANGUAGE ASSISTANCE PLAN(S) As a condition of receiving funding under this Agreement, the Court agrees to implement and maintain an AOC- approved 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 cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 9. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement 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, 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 Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this 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, 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 Court has a right to IAA10256 Page 4 of 7 grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, 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 Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 10. 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. 11. 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. 12. 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 costs 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 available for inspection by persons authorized under this provision. 13. RIGHT OF INSPECTION The Court 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 Agreement. 14. 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 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. IAA10256 Page 5 of 7 15. 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. 16. 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 event of an inconsistency in the terms of this Agreement, or between 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. This Agreement; and 3. Any other provisions of the agreement, including materials incorporated by reference. 17. ASSIGNMENT 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. 18. 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. IAA10256 Page 6 of 7 19. 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. 20. 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 this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREEMENT 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: Katrin Johnson PO Box 41170 Olympia, «1A 98504 -1170 (360) 704 -4062 Katrin.fohnson@courts.wa.gov AGREED: THE ADMINISTRATIVE OFFICE OFT. COURTS Dirk 11 rler, Director r Date Judicial Services Division Court Program Manager: LaTricia Kinlow Administrator 6200 Southcenter Blvd Tukwila, WA 98188 206 -433 -7185 tkinlow@ci.tukwila.wa.us CONTRACTOR CITY OF TUKWILA M HAGG r, MAYOR Date i Approved `Gy City Attorney Date IAA10256 Page 7 of 7