Loading...
HomeMy WebLinkAboutState of WA Adminstrative Office of the Courts Contract #IAA090006 -1111 2 8 2008 INTERAGENCY AGREEMENT IAA09006 i?`1LE between :.STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 1206 Quince Street SE PO Box 41170 Olympia, Washington 98504-1170 and CITY OF AUBURN ON BEHALF OF THE AUBURN MUNICIPAL COURT 24 West Maint Street Auburn, WA 98001 THIS CONTRACT is entered into by and between the Administrative Office of the Courts ("AOC") and CITY OF AUBURN ON BEHALF OF THE AUBURN 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 RCW 2.42 and 2.43. a. These funds are intended to address the Contractor's following needs: ? 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 ? 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). IAA09006 Page 1 cf 6 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 Mileage Reimbursement requirements as set forth at: https://inside.courts.wa.gov/index.cfm?fa=controller.showPage&folder=courtlnterpreter& file=lnterpreterlnformationforCourts . 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 agrees to submit electronically with each request for reimbursement a completed Interpreter Services Funding Data form, reflecting the interpreter services and costs for which the Contractor seeks reimbursement. The Interpreter Services Funding Data form (an Excel spreadsheet), and Instructions for completing it are set forth at: https://inside.courts.wa.gov/index.cfm?fa=controller.showPage&folder=courtlnterpreter& file=lnterpreterlnformationforCourts . 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 PERFORMANCE The period of performance under this Contract shall be from July 1, 2008 through June 30, 2009. IAA09006 Page 2 cf 6 4. COMPENSATION a. Contractor shall be reimbursed a maximum of $19,243.39 for costs incurred during the period. July 1, 2008 through 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 A-19 invoices are received and approved by AOC. 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. In order to receive payment, Contractor shall submit a paper A-19 invoice to AOC, and shall additionally submit its A-19 invoice and its completed Interpreter Services Funding Data form (see Section 21) electronically to AOC (either by email or on CD). f. The Contractor shall submit its paper A-19 invoices to AOC Financial Services, PO Box 41170, Olympia, Washington 98504-1170 no more frequently than monthly. The contractor shall submit its A-19 invoices and completed Interpreter Services Funding Data forms electronically to AOC Court Services (contact information to be determined). 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 invoice and the completed Interpreter Services Funding Data form. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. g. Contractor shall maintain sufficient backup documentation of expenses under this agreement. 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 provide to AOC the amount Contractor spent on interpreter services for Contractor's fiscal years 2005 through 2008, and for the first half of Contractor's fiscal year 2009 (through June 30, 2009). 6. LANGUAGE ASSISTANCE PLAN(S) As a condition of receiving funding under this Agreement, Contractor agrees to create and maintain an AOC-approved Language Assistance Plan. IAA09006 Page 3 of 6 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 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 contract 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, 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 with 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 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. 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 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. IAA09006 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. 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 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: a. Applicable state and federal statutes and rules; b. Statement of work; and c. 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 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 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. 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 Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IAA09006 Page 5 of 6 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 Agreement: AOC Program Manager: Chris Ruhl PO Box 41170 Olympia, WA 98504-1170 (360) 705-5228 Contractor Program Manager: Gail Cannon, Court Administrator Auburn Municipal Court 340 East Main St, Ste 101 Auburn, WA 98002 (253) 931-3076 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. AGREED: THE ADMINISTRATIVE OFFICE OF J THE COURTS CTOR irk Marler, Director Signature Ju Acial Services Division Peter B. Lewis, Mayor IrL Printed Naame Date Date -?' l l& I o g IAA09006 Page 6 of 6