073-23 - WA State Admin Office of the Courts - ContractDocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D
INTERAGENCY AGREEMENT IAA24441
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
PORT ORCHARD MUNICIPAL COURT
THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of
the Courts (AOC) and Port Orchard Municipal Court (Court), for the purpose of
distributing funds for court interpreter and language access service expenses to the Court.
I. DEFINITIONS
For purposes of this agreement, 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 (2) 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 contact information of AOC-certified interpreters are found, and
incorporated herein by reference, at
http://www.courts.wa.gov/programs orgs/pos interpret/ The names and contact
information of ODHH-certified interpreters are found, and incorporated herein by
reference, at: https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.asgx
B. "Registered Interpreter' means an interpreter who is registered by the Administrative
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 reference,
at http://www.courts.wa.gov/programs orgs/pos interpret/.
C. "Qualified Interpreter' means a spoken language interpreter as defined in RCW
2.43.020 (5), or sign language interpreter as defined in RCW 2.42.110 (2).
D. "Qualifying Event" means a proceeding or event for which an interpreter is appointed
by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43.
II. PURPOSE
The purpose of this Agreement is to partner with individual local courts in improving access to
the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons in accordance
with RCW Chapters 2.42 and 2.43.
A. These funds are intended to address each court's following needs:
1. 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 the
implementation of the Court's language access plan; and
2. Need for Court Interpreters — i.e., the public's right to access the court, and the
court's responsibility to provide court certified, registered, and qualified interpreters
as required by RCW Chapters 2.42 and 2.43.
3. Need for Language Access in General — i.e., translations for websites, translated
forms, interpreting equipment, technology enabling remote interpreting, and other
things that are necessary for courts to provide fair and equitable access for people
who are LEP, deaf, and hard of hearing.
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III. DESCRIPTION OF SERVICES TO BE PROVIDED
A. The Court will ensure that the interpreter funding is used only for language access
purposes and for reimbursement of costs paid to certified, registered, and qualified
interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein
by reference.
B. The Court agrees to track and provide interpreter cost and usage data through the
web application provided by the AOC Language Access and Interpreter
Reimbursement Program, reflecting information about the Court's interpreter and
language access costs and services.
C. The Court agrees to provide the AOC Project Manager with a list of all users who
require access to submit data to the Language Access and Interpreter
Reimbursement Program web application.
D. The Court agrees to work with the AOC Interpreter Program, the Interpreter
Commission, and neighboring courts to identify and implement best and promising
practices for providing language access and interpreter services.
E. The Court agrees to encourage its staff overseeing interpreter services at the court to
attend trainings (in person and/or online) provided by the AOC Interpreter Commission
and Interpreter Program.
F. The Court may elect to pay for interpreter services that are not in accordance with the
provisions of Exhibit A as set forth; while such payments will not be reimbursed, court
still commits to entering data into the application for these interpreter services,
irrespective of their eligibility for reimbursement.
G. The Court is required to have a Language Assistance Plan (LAP) in place to receive
reimbursement under this program.
1. Courts must submit the most recent version of their LAP to the AOC Project
Manager or certify via email to the Project Manager that the LAP they submitted in
FY23 is the latest version.
2. Courts certify that they will exercise reasonable due diligence in maintaining and
updating their LAP as require by law.
IV. PERIOD OF PERFORMANCE
The beginning date of performance under this Agreement is July 1, 2023, regardless of the
date of execution and which shall end on June 30, 2024.
V. COMPENSATION
A. The Court shall be reimbursed a maximum of $2,863.00 for interpreter and language
access services costs incurred during the period of July 1, 2023 to June 30, 2024. No
reimbursement shall be made under this Agreement for interpreting services provided
after June 30, 2024.
B. The Court shall receive payment for its costs for interpreter and language access
services as set forth in Exhibit A, and incorporated herein.
C. The Court shall not be reimbursed for interpreter services costs for Qualifying Events or
other goods and services set forth in Exhibit A until properly -completed A-19 invoices,
and corresponding data (See subsection IiI.B.), are received and approved by AOC,
pursuant to the following schedule:
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1. Reflecting Qualifying and non -qualifying Events, and any goods or services
purchased, occurring between July 1, 2023 and September 30, 2023, must be
received by the AOC no later than December 29, 2023.
2. Reflecting Qualifying and non -qualifying Events, and any goods or services,
purchased occurring between October 1, 2023 and December 31, 2023, must be
received by the AOC no later than February 29, 2024.
3. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between January 1, 2024 and March 31, 2024, must be received by the
AOC no later than May 31, 2024.
4. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between April 1, 2024 and June 30, 2024, must be received by the AOC
no later than July 15, 2024.
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 submit its A-19 invoices quarterly through the web application.
The Data shall be submitted electronically to the AOC as described in Section III.B.,
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 invoice and
the completed data report.
G. The Court shall maintain sufficient backup documentation of expenses under this
Agreement.
VI. REVENUE SHARING
A. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the
Court no later than May 1, 2024 that AOC intends to reallocate funding among courts
in the program. If AOC determines the Court may not spend all monies available
under the Agreement, then AOC may reduce the Agreement amount. If AOC
determines the Court may spend more monies than available under the Agreement
and for its scope, then AOC may increase the Agreement amount.
B. If the AOC initiates revenue sharing, then the Court must submit the final
revenue sharing A-19 through the web application between July 12, 2024 and August
1, 2024.
VII. 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.
VIII. 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,
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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
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.
IX. 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.
X. 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.
XI. 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.
XI1. 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.
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XIII. 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.
XIV. 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.
XV. 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. This Agreement; and
C. Any other provisions of the agreement, including materials incorporated by reference.
XVI. 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.
XVII. 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.
XVIII. 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.
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XIX.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:
I AOC Program Manager II Court Point of Contact
Tae Yoon
PO Box 41170
Olympia, WA 98504-1170
Interpreterreimbursementa-courts.wa.gov
360-705-5281
XX. ENTIRE AGREEMENT
Sharon Ells
Court Administrator
216 Prospect St,
Port Orchard, WA 98366-5326
sells@cityofportorchard.us
(360) 876-1701
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.
AGREED:
Administrative Office of the Courts
DocuSigned by:
PAW , AUYit, 1Qid#W/1 /2023 1 7:56 AM PDT
�gna ure Date
Dawn Marie Rubio
Name
State Court Administrator
Title
Court
Fned by:
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Date
R Putaansuu
Name
Mayor
Title
IAA24441
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EXHIBIT A
WASHINGTON STATE LANGUAGE ACCESS INTERPRETER REIMBURSEMENT
PROGRM FUNDING
FUNDING CONDITIONS AND PAYMENT STRUCTURE
The Language Access Reimbursement Program funding conditions and payment structure
shall be as follows:
1. GENERAL FUNDING CONDITIONS
The Administrative Office of the Courts (AOC), will reimburse courts under this
Agreement for the cost of spoken language interpretation and sign language
interpretation and other goods and services that improve language access in the courts
for Limited English Proficient (LEP), deaf, and hard of hearing persons. This includes
interpreters credentialed by AOC (certified or registered), or otherwise court -qualified
interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following
conditions listed under Section 2 "Qualifying Interpreter Events."
It also includes goods and services that improve language access, listed under Section
3 "Language Access Items," and services listed under Section 4 "Language Access
Services".
Courts shall work with AOC staff in determining whether an expense that is not explicitly
mentioned below, qualifies as a reimbursable expense under the Agreement.
2. QUALIFYING INTERPRETING EVENTS
A. Spoken Language Interpreters Qualifying Events
AOC will reimburse courts for 50% of the actual expenses for services of AOC-
credentialed or otherwise court -qualified interpreters pursuant to RCW 2.43 that
meet one of the following conditions:
a) If there is at least one AOC credentialed interpreter in the language being
used, then reimbursement will only be provided for using an AOC
credentialed interpreter who is credentialed in that language.
b) Compensation for interpreters for languages for which neither a certified
interpreter nor registered interpreter is offered will be reimbursed where the
interpreter has been qualified on the record pursuant to RCW 2.43.
c) Courts will not be reimbursed for events using non-AOC credentialed
interpreters if there is one or more AOC credentialed interpreter listed for the
language being used.
B. Sign Language Interpreters Qualifying Events
AOC will reimburse courts for 50% of the actual expenses for services of American
Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI) pursuant to
RCW 2.42 when the interpreter is listed with the Department of Social and Health
Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as a court -certified
interpreter.
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The Office of Deaf and Hard of Hearing (ODHH) at the Department of Social and
Health Services (DSHS) maintains a list of Certified Court Sign Language
Interpreters. This list includes American Sign Language (ASL) interpreters and
Certified Deaf Interpreters (CDI). To qualify for reimbursement, and event using an
ASL and/or CDI interpreter from this list must be used.
Certified interpreters are listed under three categories:
• Specialist Certificate: Legal — SC: L
• RID Certification with SC: L written test
• Intermediary Interpreters (Deaf Interpreter)
The most up to date list can be found here:
https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtinterpreter.aspx
C. Staff Interpreters (Salaried Staff)
Reimbursement will be provided for salaried staff meeting the Qualifying Event
conditions for 50% of the payment of credentialed spoken and sign language
interpreters, as referenced in subsections 2.A and 2.13 above.
D. Telephonic and Video Remote Interpreting and Services for Legal Proceedings
AOC will reimburse 50% of the costs for using certified, registered, or otherwise
qualified interpreters operating by telephone or video for court proceedings. The
services must meet the Qualifying Event conditions for the payment of credentialed
spoken and sign language interpreters, as referenced in subsections 2.A and 2.13
above.
3. LANGUAGE ACCESS GOODS AND SERVICES
Courts can request reimbursement for 100% of the costs for goods and services that
will help increase language access in the Court.
The items listed below are common goods and services that courts have used to
increase language access and will be improved for reimbursement.
• Interpreter scheduling software or services
• Document translation
• Portable video device(s) for video remote interpreting
• Equipment used for simultaneous interpretation
• Printed signage for language assistance purposes
• Front counter telephonic interpreter services for administrative purposes
• Staff training on language access, interpreting, or bilingual skills improvement, for
example:
o Interpreters skills training for bilingual staff who want to become certified
o Training for staff who are partly bilingual to improve their skills
o General training on addressing language access issues.
Items or services not listed above must be pre -approved (via email) by Language
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Access and Interpreter Reimbursement Program Coordinator prior to purchase or they
may not qualify for reimbursement under the Program.
4. SCOPE OF REIMBURSEMENT FUNDING
Reimbursement payment under this Agreement will only be made to the Court when the
cost is paid out of the budget or budgets, in the case of multi -court collaborative
applicants of the Court responsible for full payment.
5. PAYMENT STRUCTURE
A. Reimbursement Rate
a) Spoken Language Interpreters
AOC will reimburse the Court for 50% of the cost of AOC certified, registered,
or otherwise court -qualified interpreters providing services under this
Agreement.
b) Sign Language Interpreters
AOC will reimburse the Court for 50% of the cost of certified and court -qualified
interpreters providing services under this Agreement.
c) Staff Interpreters (Salaried Staff)
AOC will reimburse the Court for 50% of the cost of AOC certified or registered
staff interpreters.
d) Contracted Interpreters
The cost of certified, registered, or otherwise qualified contract interpreters who
are paid other than on an hourly basis, for example, on a half -day of flat rate
basis, will be reimbursed at 50%.
e) Remote Interpreting
AOC will reimburse the Court for 50% of the cost of using certified, registered,
or otherwise qualified interpreters providing interpretation by telephone or video
for legal proceedings.
f) Cancellation Fees
AOC will reimburse the Court for 50% of cancellation fees paid to interpreter.
g) Goods and Services
AOC will reimburse the Court for 100% of the approved cost of goods and
services related to language access in courts.
B. Travel Time and Mileage
AOC will reimburse the Court at 50% of the cost of interpreter travel time and
mileage.
Interpreter travel time is reimbursable if a required party fails to appear. "Failure to
appear" means a non-appearance by the LEP or deaf or hard of hearing client,
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attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a
cancellation or continuance of the hearing. The Court can be reimbursed for 50% of
the cancellation fees paid to the interpreter.
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