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070-24 - WA State Admin Office of the Courts - ContractDocusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D INTERAGENCY AGREEMENT IAA25498 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND PORT ORCHARD MUNICIPAL COURT FOR THE LANGUAGE ACCESS AND INTERPRETER REIMBURSEMENT PROGRAM (LAIRP) THIS AGREEMENT (Agreement) is entered into by and between the Washington State 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. AOC and Court will be referred to individually as the "party" and collectively as the "parties". 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.aspx 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, hard of hearing, and deaf/blind (D/HH/DB) individuals 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, customer service, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for LEP and D/HH/DB individuals. IAA25498 Page 1 of 6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D 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 and Language Access 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 and Language Access 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 participate in this program. 1. The Court must submit the most recent version of their LAP to the AOC Project Manager by October 31, 2024, at LAP(@courts.wa.gov. 2. The Court must complete the LAP survey conducted by the AOC, which assesses LAP compliance and needs for WA State trial courts, by October 31, 2024. The link to the survey can be found here: Language -Access -Plan -Survey 3. The Court agrees to work with the AOC LAP Coordinator to update and revise the LAP for final approval by the AOC. 4. The Court certifies 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, 2024, regardless of the date of execution and which shall end on June 30, 2025. V. COMPENSATION A. The Court shall be reimbursed a maximum of $2,967 for interpreter and language access services costs incurred during the period of July 1, 2024 to June 30, 2025. No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2025. IAA25498 Page 2 of 6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D 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, corresponding data (See subsection 111.8.), and the AOC approved LAP (See subsection III.G.), are received and approved by AOC, pursuant to the following schedule: 1. Reflecting Qualifying and non -qualifying Events, and any goods or services purchased, occurring between July 1, 2024 and September 30, 2024, must be received by the AOC no later than December 31, 2024. 2. Reflecting Qualifying and non -qualifying Events, and any goods or services, purchased occurring between October 1, 2024 and December 31, 2024, must be received by the AOC no later than February 28, 2025. 3. Reflecting Qualifying and non -qualifying Events, and any goods or services, occurring between January 1, 2025 and March 31, 2025, must be received by the AOC no later than May 31, 2025. 4. Reflecting Qualifying and non -qualifying Events, and any goods or services, occurring between April 1, 2025 and June 30, 2025, must be received by the AOC no later than July 15, 2025. D. The Court shall make reasonable efforts to submit invoices by the due date. Any supplemental invoices submitted after the due date must be reported to the AOC for approval which may be processed at the discretion of the AOC Project Manager. 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. The Court shall submit documents related to reimbursement claims upon request by the AOC, including but not limited to translated materials or invoices for goods and services. G. 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. H. Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days after each quarterly deadline, provided that the invoice and data report are complete and accurate. I. The Court shall maintain sufficient backup documentation of expenses under this Agreement. VI. REVENUE SHARING A. The AOC, in its sole discretion, may initiate revenue sharing. The AOC will notify the Court no later than May 1, 2025 that the AOC intends to reallocate funding among courts in the program. If the AOC determines the Court may not spend all monies available under the Agreement, then the AOC may reduce the Agreement amount. If the AOC determines the Court may spend more monies than available under the Agreement and for its scope, then the AOC may increase the Agreement amount. B. If the AOC initiates revenue sharing, the Court will receive a Notification Letter with the revised budget. The Notification Letter is deemed final and the Court shall not receive IAA25498 Page 3 of 6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D any payment exceeding the revised contract limit. 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 196 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 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. IAA25498 Page 4 of 6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D XII. 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. 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. IAA25498 Page 5 of 6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D 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: AOC Program Manager Tae Yoon PO Box 41170 Olympia, WA 98504-1170 InterpreterreimbursementCcDcourts.wa.gov (360) 705-5281 XX. ENTIRE AGREEMENT Court Point of Contact 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: Washington State Administrative Office of the Courts VAWln, hay , A6io 9/3/2024 Signature Date Dawn Marie Rubio Name State Court Administrator Title Court r6b P4aala SW 9/3/2024 Signature Date Rob Putaansuu Name Mayor Title IAA25498 Page 6of6 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D EXHIBIT A WASHINGTON STATE LANGUAGE ACCESS AND INTERPRETER REIMBURSEMENT PROGRM FUNDING FUNDING CONDITIONS AND PAYMENT STRUCTURE The Language Access and Reimbursement Program funding conditions and payment structure shall be as follows: 1. GENERAL FUNDING CONDITIONS The Washington State 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 Goods and 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. 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 IAA25498 Page 1 of 3 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D (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 23 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. Courts shall submit documents related to reimbursement claims under goods and services, including original and translated materials for translation services, and applicable invoices for other goods and services, upon request by the AOC. The items listed below are common goods and services that courts have used to increase language access and will be improved for reimbursement. • Translation services • Telephonic interpreter services for events outside of court proceedings • Portable video device(s) for video remote interpreting • Equipment used for simultaneous interpretation • Staff training on language access, interpreting, or bilingual skills improvement • Interpreter scheduling software fees • Printed signage for language assistance purposes Items or services not listed above must be pre -approved (via email) by Language 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 IAA25498 Page 2 of 3 Docusign Envelope ID: 282DB793-C805-41A4-9A52-CFB862119A9D 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 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, 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. IAA25498 Page 3 of 3