HomeMy WebLinkAbout082-25 - WA State Admin Office of the Courts - ContractDocusign Envelope ID: 2D77CCA1-5E1 F-4508-BD9C-585336CCD1 7E
WASHINGTON
COURTS
City Contract No. 082-25
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AOC2797
AND
PORT ORCHARD MUNICIPAL COURT
FOR
LANGUAGE ACCESS AND INTERPRETER REIMBURSEMENT PROGRAM (LAIRP)
1. PARTIES TO THE AGREEMENT
This Interagency Agreement is made and entered into by and between the State of
Washington acting by and through the Washington State Administrative Office of the
Courts, hereinafter referred to as "AOC or Procuring Agency," and
Port Orchard Municipal Court , referred to as "Court or Agency". The AOC and
the Agency may be referred to individually as a "Party" and collectively as the "Parties".
2. DEFINITIONS
For purposes of this agreement, the following definitions shall apply:
a. "Credentialed Interpreter" means an interpreter who is Credentialed by the
Administrative Office of the Courts, as defined in RCW 2.43.020 (1) 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. "Qualified Interpreter" means a non-credentialed interpreter who is qualified on
the record by a judicial officer.
c. "Legal proceeding" means any proceeding in any court and in any type of
hearing before a judicial officer, an administrative law judge, or before an
administrative board, commission, agency, or licensing body of the state or
any political subdivision, as defined in RCW 2.43.020 (4).
d. "Qualifying Event" means a proceeding or event for which an interpreter is
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appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43.
3. 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:
i. Financial Need — i.e., the gap between the court's available financial resources
and the costs to meet its need for credentialed, and qualified interpreters, and
the implementation of the Court's language access plan; and
ii. Need for Court Interpreters — i.e., the public's right to access the court, and the
court's responsibility to provide court credentialed, and qualified interpreters as
required by RCW Chapters 2.42 and 2.43.
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.
THEREFORE, IT IS MUTUALLY AGREED THAT:
4. STATEMENT OF WORK
The Court shall:
a. Ensure that the interpreter funding is used only for language access purposes and
for reimbursement of costs paid to credentialed and qualified interpreters for
Qualifying Events pursuant to Appendix A, which is incorporated in this
agreement.
b. 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. 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. Work with the AOC Language Access Team, 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. 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 Language Access Team.
f. Elect to pay for interpreter services, if necessary, that are not in accordance with
the provisions of Appendix 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.
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g. Have a Language Access Plan (LAP) in place to participate in this program.
i. The Court must submit the most recent version of their LAP to the AOC
Project Manager by December 1, 2025, at LAP@courts.wa.gov.
ii. The Court agrees to work with the AOC LAP Coordinator to update and
revise the LAP for final approval by the AOC.
iii. The Court certifies that they will exercise reasonable due diligence in
maintaining and updating their LAP as require by law.
5. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall
commence on July 1, 2025, and end on June 30, 2026, unless terminated sooner or
extended, as provided herein.
6. COMPENSATION
AOC will reimburse the Court a total compensation not to exceed $2,329 for
payments made during the period from July 1, 2025, through June 30, 2026, related
to the purpose of this agreement.
Procuring Agency may extend the term of this Contract or increase funds by mutual
written amendment. Such amendment shall be on the same terms and conditions as
set forth in this Contract.
7. INVOICES; BILLING; PAYMENT
The Court will submit properly prepared itemized invoices quarterly through the web
application on an A19 form to AOC Program Manager. The Data shall be submitted
electronically to the AOC as described in Subsection 4.b., above, and in conjunction
with the quarterly invoice. The Court shall maintain sufficient backup documentation
of expenses under this Agreement observing the following:
a. The Court shall receive payment for its costs for interpreter and language access
services as set forth in Appendix A, and incorporated herein.
b. The Court shall not be reimbursed for interpreter services costs for Qualifying
Events or other goods and services set forth in Appendix A until properly -
completed A19 invoices, corresponding data (See subsection 4.b.), and the AOC
approved LAP (See subsection 4.g.), are received and approved by AOC, pursuant
to the following schedule:
i. Reflecting Qualifying and non -qualifying Events, and any goods or services
purchased, occurring between July 1, 2025 and September 30, 2025, must
be received by the AOC no later than December 31, 2025.
ii. Reflecting Qualifying and non -qualifying Events, and any goods or services,
purchased occurring between October 1, 2025 and December 31, 2025,
must be received by the AOC no later than February 27, 2026.
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iii. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between January 1, 2026 and March 31, 2026, must be received
by the AOC no later than April 30, 2026.
iv. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between April 1, 2026 and June 30, 2026, must be received by
the AOC no later than July 15, 2026.
c. 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.
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. Payment to 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.
Incorrect or incomplete Al 9s shall be returned by AOC to the Agency for correction
and resubmission.
f. Payment will be considered timely if made by the AOC within thirty (30) calendar
dates after each quarterly deadline. No A19 shall be submitted until after a
deliverable has been accepted by the AOC Program Manager.
The AOC will not make any advanced payments or payments in anticipation of
services or supplies under this Contract.
8. REVENUE SHARING
a. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court no
later than May 1, 2026 that AOC intends to reallocate funding among courts in the
program. If AOC determines the Court may not spend all funds available under the
Agreement, then AOC may reduce the Agreement amount. If AOC determines the
Court may spend more funds than available under the Agreement and for its scope,
then AOC may increase the Agreement amount.
b. If the AOC initiates revenue sharing, the Court will receive a unilateral amendment
to the agreement, replacing the revenue sharing letter sent in previous years, which
will include the Court's revised budget. The Revenue Sharing Amendment is deemed
final and the Court shall not receive any payment exceeding the revised contract limit.
9. AGREEMENT MANAGEMENT
The Program Manager and Agency Program Manager noted below shall be
responsible for and shall be the contact people for all communications and billings
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regarding the performance of this Contract. The parties may change administrators
by written notice.
AOC Program Manager
Tae Yoon
PO Box 41170
Olympia, WA 98504-1170
I nterpreterreimbursement(@courts.wa.gov
(360) 705-5281
Agency Program Manager
Sharon Ells
Court Administrator
216 Prospect St,
Port Orchard, WA 98366-5326
sells@cityofportorchard.us
(360) 876-1701
10. RECORDS, DOCUMENTS, AND REPORTS
a. Records Retention. The Agency 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 agency will retain all books, records, documents, and other material
relevant to this contract as required, a minimum of six (6) years after end of period
of performance (including all amendments to extend) or termination of the
agreement or as otherwise specified and make them available for inspection by
persons authorized under this provision. If any litigation, claim, or audit is
commenced prior to the expiration of the required retention period, such period
shall extend until all such litigation, claims, or audits have been resolved.
b. Public Records. It is the policy of the Administrative Office of the Courts to facilitate
access to its administrative public records. This Agreement and related records
are subject to disclosure under General Court Rule 31.1. For additional
information, please contact the AOC Public Records Officer.
11. 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/or sound reproductions. Ownership includes the right to copyright, patent,
register, and the ability to transfer these rights.
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12. RESPONSIBILITY OF THE PARTIES
Each party to this Agreement assumes responsibility for claims and/or damages to
persons and/or property resulting from any act or omission on the part of itself, its
employees, or its agents. Neither party assumes any responsibility to the other party
for any third -party claims.
13. DISPUTE RESOLUTION
To the extent practicable, the Parties shall use their best, good faith efforts
cooperatively and collaboratively to resolve any dispute that may arise in connection
with this Agreement as efficiently as practicable, and at the lowest possible level with
authority to resolve such dispute. The Parties shall make a good faith effort to
continue without delay to carry out their respective responsibilities under this
Agreement while attempting to resolve any such dispute. If, however, a dispute
persists and cannot reasonably be resolved, it may be escalated within each
organization. In such circumstance, upon notice by either party, each party, within
five (5) business days shall reduce its description of the dispute to writing and deliver
it to the other party. The receiving party then shall have three (3) business days to
review and respond in writing. In the event the parties cannot agree on a mutual
resolution within fifteen (15) business days, the parties shall appoint a member of a
dispute resolution board within Thurston County and those two appointed members
will select a third. The Board shall employ dispute resolution measures and its result
is binding. Both parties agree that, the existence of a dispute notwithstanding, the
Parties will continue without delay to carry out all respective responsibilities under this
Agreement that are not affected by the dispute.
14. GENERAL PROVISIONS
a. Amendment or Modification. Except as set forth herein, this Agreement may not
be amended or modified except in writing and signed by a duly authorized
representative of each party hereto. In revenue sharing procedures AOC will issue
a unilateral amendment.
b. Appendix. All appendices referred to herein are deemed to be incorporated in this
Agreement in their entirety.
c. 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.
d. Authority. Each party to this Agreement, and each individual signing on behalf of
each party, hereby represents and warrants to the other that it has full power and
authority to enter into this Agreement and that its execution, delivery, and
performance of this Agreement has been fully authorized and approved, and that
no further approvals or consents are required to bind such party.
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e. Captions & Headings. The captions and headings in this Agreement are for
convenience only and are not intended to, and shall not be construed to, limit,
enlarge, or affect the scope or intent of this Agreement nor the meaning of any
provisions hereof.
Conformance. If any provision of this Agreement violates any statute or rule of law
of the State of Washington, it is considered modified to conform to that statute or
rule of law.
g. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which counterparts together
shall constitute the same instrument which may be sufficiently evidenced by one
counterpart. Execution of this Agreement at different times and places by the
Parties shall not affect the validity thereof so long as all the Parties hereto execute
a counterpart of this Agreement.
h. Electronic Signatures. An electronic signature or electronic record of this
Agreement or any other ancillary agreement shall be deemed to have the same
legal effect as delivery of an original executed copy of this Agreement or such
other ancillary agreement for all purposes.
Entire Agreement. This Agreement constitutes the entire agreement and
understanding of the Parties with respect to the subject matter and supersedes
all prior negotiations, representations, and understandings between them. There
are no representations or understandings of any kind not set forth herein.
Governing Law. The validity, construction, performance, and enforcement of this
Agreement shall be governed by and construed in accordance with the laws of
the State of Washington, without regard to its choice of law principles that would
provide for the application of the laws of another jurisdiction.
k. 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.
Jurisdiction & Venue. In the event that any action is brought to enforce any
provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston
County Superior Court for the State of Washington and agree that in any such
action venue shall lie exclusively at Olympia, Washington.
m. No Agency. The parties agree that no agency, partnership, or joint venture of any
kind shall be or is intended to be created by or under this Agreement. Neither
party is an agent of the other party nor authorized to obligate it.
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n. Right of Inspection. The Agency 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 at all reasonable times, in order to monitor and evaluate
performance, compliance, and/or quality assurance under this agreement.
o. 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, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this agreement, and to this end the provisions of this
Agreement are declared to be severable.
p. Termination for Cause. If for any cause, either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of
these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity
to correct the violation or failure within 15 working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
q. Termination for Convenience. Except as otherwise provided in this Agreement,
either party may terminate this Agreement upon thirty (30) calendar days prior
written notification. Upon such termination, 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 such termination.
Termination for Non -Availability of Funds. AOC's ability to make payments is
contingent on availability of funding. In the event funding from state, federal, or other
sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, AOC, at its sole discretion, may
elect to terminate the Agreement, in whole or part, for convenience or to renegotiate
the Agreement subject to new funding limitations and conditions. AOC may also
elect to suspend performance of the Agreement until AOC determines the funding
insufficiency is resolved. AOC may exercise any of these options with no notification
restrictions, although AOC will make a reasonable attempt to provide notice.
In the event of termination or suspension, AOC will reimburse eligible costs incurred
by the Agency through the effective date of termination or suspension. Reimbursed
costs must be agreed to by AOC and the Agency. In no event shall AOC's
reimbursement exceed AOC's total responsibility under the agreement and any
amendments.
s. Suspension for Convenience. AOC may suspend this Agreement or any portion
thereof for a temporary period by providing written notice to the Agency a minimum
of seven (7) calendar days before the suspension date. Agency shall resume
performance on the first business day following the suspension period unless
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another day is specified in writing by AOC prior to the expiration of the suspension
period.
t. 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.
EXECUTED AND EFFECTIVE as of the day and date first above written.
WASHINGTON STATE ADMINISTRATIVE Port Orchard Municipal Court
OFFICE OF THE COURTS LAIRP
9 n 11 e 9/4/2025 ot MMI&Sl&.U,
Signature Date Signature
Dawn Marie Rubio Rob Putaansuu
Name Name
State Court Administrator & Director Mayor
Title Title
9/4/2025
Date
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APPENDIX 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:
iwe]4►14:7_1U1uuzI']I►[ X99 I'711107►61
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 WA
state 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 WA state 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 WA state AOC credentialed
interpreter listed for the language being used.
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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 (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/Courtlnterpreter.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.B 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.B 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.
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• 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 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 credentialed, 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 credentialed
staff interpreters.
d) Contracted Interpreters
The cost of credentialed 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 credentialed or
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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.
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