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HomeMy WebLinkAboutAgreements/Contracts - District Court�RANT COUNTY DISTRICT COURT Grant County Courthouse PO Box 37/35 C St NW Ephrata, WA 98823 Phone: 509-754-2011 Ext 3128 Fax: 509-754-6054 Email: dochocinski@grantcountywa.gov Brian D. Barlow, .Presiding Judge Nicholas L. Wallace, Judge September 27nd, 2023 Board of County Commissioners Ephrata, WA 98823 RE: Request to sign Contract Board of County Commissioners: Brian D. Gwann, Judge Melissa K. Chlarson, Court Commissioner V1 t -v tAPPROV OCL,N'l?U'23 ONS'hwqNT Grant County District Court is in receipt of an Interpreter Reimbursement Interagency Agreement "IAA24406" from the Washington State Administrative Office of the Courts (AOC). The awarded amount for reimbursement is $5,235.00. The attached agreement has been sent to me via DocuSign and I am requesting to be authorized to sign on behalf of the county. If you have any questions, I can be contacted at 509-754-2011 Ext. 3128. Sincerely, Desiree Ochocinski District Court Administrator OU I u 2023 w�sa"-•--r-•.....',—•...�-..''--^^.eF_-�.-.-.—._,,.•—.-..m..= F f. aq�s,—..,,ek Via_ D J a Y r fru, r�_,i.f yq�' F ��Fi PUi•�a !�•' E �� r_uxcc.cxmtr_areu.�msc:.s• � , h' n ca.f 1 V � i j ,. �� ! .,e @ `k r... � +• MOSES LAKE BRANCH OFFICE 1525 E. Wheeler Rd, Moses Lake, WA 98837 Mailing: PO Box 37, Ephrata, WA 98823 PLEASE DIRECT ALL INQUIRIES TO THE EPHRATA OFFICE DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B K23-243 INTERAGENCY AGREEMENT IAA24406 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND GRANT COUNTY DISTRICT COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Grant County District 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/p�os _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. 6m# 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. IAA24406 Page 1 of 6 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 111. 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 $5,235.00 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 11I.8.), are received and approved by AOC, pursuant to the following schedule: IAA24406 Page 2 of 6 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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. V1. 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 17 2024. V11. 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. V111. 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, IAA24406 Page 3 of 6 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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. 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. IAA24406 Page 4 of 6 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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. IAA24406 Page 5 of 6 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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 acourt-certified interpreter. IAA24406 Page 1 of 4 DocuSign Envelope ID: DECC4F78-456C-46F5-9Ao8-D1679CDBA45B 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/Courtinter reter.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 2.6 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 IAA24406 Page 2 of 4 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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, IAA24406 Page 3 of 4 DocuSign Envelope ID: DECC4F78-456C-46F5-9A08-D1679CDBA45B 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. IAA24406 Page 4 of 4