HomeMy WebLinkAbout17-221 - Administrative Office of the Courts (AOC) - Interpreter Expenses Reimbursement17-221
Contract Approval N/A
INTERAGENCY AGREEMENT IAA18687
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
CITY OF TUKWILA
THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of
the Courts (AOC) and City Of Tukwila (City), for the purpose of distributing funds for court
interpreter services expenses to the Tukwila Municipal Court (Court).
1. 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 (4) 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.qov/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:i/www.courts.wa.gov/programs orqs/pos interpret/.
c. "Qualified Interpreter" means a spoken language interpreter as defined in RCW
2.43.020 (2), 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 chapter 2.42 RCW and/or chapter 2.43 RCW.
2. PURPOSE
The purpose of this Agreement is to engage the services of the Court to improve the
quality and availability of court interpreter services for Limited English Proficient ("LEP"),
deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW.
a. These funds are intended to address the Court's following needs:
• 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
• Interpreter need - i.e., the gap between the level of the LEP, deaf, and hard of
hearing public's need for language access to the Court's (i.e., the level of
interpreter need) and the available interpreter pool (in particular, certified,
registered, and qualified interpreters in the Court's most frequently needed
languages).
IAA18687
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3. DESCRIPTION OF SERVICES TO BE PROVIDED
a. The Court agrees to actively participate in the vision and structure for state funding of
interpreter services, and to track and provide interpreter cost and usage data needed to
demonstrate the impact of the funding. In particular, the Court agrees to submit
electronically with each request for reimbursement, completed Interpreter Services
Funding Data ("ISF Data") reflecting interpreter services and costs. The Court will
submit ISF Data representing both Qualifying and non -qualifying Events.
b. Electronic data shall be submitted quarterly following the schedule as outlined in
Section 5c below and using the online application and instructions found, and
incorporated herein by reference, at:
http://inside.courts.wa.gov/index.cfm?fa=controller.showPage&folder=courtlnterpreter&
file=interpreterStateFunding.
c. The Court will ensure that the interpreter funding is used for reimbursement of costs
paid to certified, registered, and qualified interpreters for Qualifying Events pursuant to
Exhibit A, which is incorporated herein by reference.
d. The Court agrees to partner closely with the AOC Interpreter Program, the Interpreter
Commission (Commission), and neighboring courts to identify and implement
innovations and best and promising practices for providing interpreter services (e.g.,
innovations in scheduling of interpreters, sharing of translated resources, training of
staff and judges), with a view to improving interpreter services and the service
infrastructure statewide.
e. The Court may elect to pay for interpreter services that are not in accordance with the
provisions of Exhibit A as set forth; however, such payments will not be reimbursed.
The Court agrees to submit and implement its locally -approved Language Access Plan
to the designated AOC Program Manager by April 30, 2018 using Exhibit B, the Model
Language Access Plan template, incorporated herein by reference at:
https://www.courts.wa.qov/content/publicUpload/Interpreters/LAP DeskBook -Appendix
B- Court User Template.do , which is incorporated into this Agreement.
As a condition of receiving future funding under this Agreement, the Court agrees to
annually implement, maintain, and update its Language Assistance Plan (LAP) and to
have such plan annually reviewed and approved by the Commission in accordance
with language access policies the Commission may require to be addressed in such
LAP(s).
f.
g.
4. PERIOD OF PERFORMANCE
The execution of this Agreement shall constitute a ratification of an earlier verbal agreement
between the parties that is now set forth in writing. Accordingly, the beginning date of
performance under this Agreement is July 1, 2017, regardless of the date of execution and
which shall end on June 30, 2018.
5. COMPENSATION
a. The Court shall be reimbursed a maximum of $24,388 for interpreter services costs
incurred during the period of July 1, 2017 to June 30, 2018. No reimbursement shall
be made under this Agreement for interpreting services provided after June 30, 2018.
IAA18687 Page 2 of 11
b. The Court shall receive payment for no more than 50 percent of its costs for interpreter
services as set forth in Exhibit A, which is attached and incorporated into this
Agreement.
c. The Court shall not be reimbursed for interpreter services costs for Qualifying Events
until properly -completed paper A-19 invoices and corresponding electronic ISF Data
are received and approved by AOC, pursuant to the following schedule:
1. Reflecting Qualifying and non -qualifying Events occurring between July 1, 2017
and September 30, 2017, must be received by the AOC no later than December
31, 2017.
2. Reflecting Qualifying and non -qualifying Events occurring between October 1,
2017 and December 31, 2017, must be received by the AOC no later than March
1, 2018.
3. Reflecting Qualifying and non -qualifying Events occurring between January 1,
2018 and March 30, 2018, must be received by the AOC no later than April 30,
2018.
4. Reflecting Qualifying and non -qualifying Events occurring between April 1, 2018
and June 30, 2018, must be received by the AOC no later than July 31, 2018.
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 paper A-19 invoices quarterly to:
AOC Financial Services
PO Box 41170
Olympia, Washington 98504-1170
The ISF Data shall be submitted electronically to the AOC as described in Section 3b,
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 paper
invoice and the completed ISF Data.
The Court shall maintain sufficient backup documentation of expenses under this
Agreement.
h. The AOC, in its sole discretion and upon notice, may initiate revenue sharing and
reallocate funding among courts. If it appears the Court may not expend the maximum
Agreement amount, the AOC may reduce the maximum Agreement amount. AOC may
increase the maximum Agreement amount if additional funds become available
through this revenue sharing program.
g.
6. 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.
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7. 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 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.
8. 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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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 attached Exhibits A and B; and
c. Any other provisions of the agreement, including materials incorporated by reference
and hyperlinks to those materials.
15. 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.
16. 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.
IAA18687 Page 5 of 11
17. 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.
18. ENTIRE AGREEMENT
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.
19. 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
Court Program Manager
Robert Lichtenberg
Senior Court Program Analyst
PO Box 41170
Olympia, WA 98504-1170
robert.Iichtenberg@courts.wa.gov
(360) 350-5373
LaTricia Kinlow
Administrator
6200 Southcenter Blvd
Tukwila, WA 98188
Trish.Kinlow@TukwilaWA.gov
206-433-7185
AGREED:
ADMINISTRATIVE OFFICE OF THE
COURTS
CITY OF TUKWILA
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v,LSigna't`ure Date Si nature Date
1'r
Callie Dietz
Name
Administrator, AOC
Title
Name
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Title
IAA18687
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EXHIBIT A - IAA18687
WASHINGTON STATE INTERPRETER SERVICES FUNDING
FUNDING CONDITIONS AND PAYMENT STRUCTURE
The Court Interpreter Reimbursement Program funding conditions and payment structure shall
be as follows:
1. Qualifying Events General Funding Conditions
The Administrative Office of the Courts (AOC) will reimburse courts under this Agreement
for the cost of AOC -certified, registered, or otherwise court -qualified interpreters appointed
pursuant to chapters 2.42 and 2.43 RCW under the following conditions which are referred
to as "Qualifying Events":
A. Spoken Language Interpreters Qualifying Events
1. Certified and Registered Language Interpreters
Compensation for interpreters currently credentialed by the AOC in the certified
and registered language categories shall be reimbursed for actual compensation
paid pursuant to the payment structure for those interpreters outlined below in,
Section 2 "Payment Structure."
2. Non -Credentialed Interpreters in Certified and Registered Language
Categories
If the AOC master interpreter list for certified or registered languages does not
include any interpreters credentialed by the AOC for those languages,
reimbursement will be provided for actual compensation paid pursuant to the
payment structure outlined below in Section 2,"Payment Structure, as long as the
selected interpreter is found qualified on the record by the Court pursuant to
chapter 2.43 RCW.
3. Non -Credentialed Languages
Compensation for interpreters for languages for which neither certification nor
registration is offered will be reimbursed where the interpreter has been qualified
on the record pursuant to chapter 2.43 RCW.
B. Sign Language Interpreters Qualifying Events
Reimbursement for actual expenses incurred for services of American Sign Language
(ASL) interpreters appointed by an appointing authority pursuant to chapter 2.42 RCW
will be authorized pursuant to the payment structure outlined below in Section 2,
"Payment Structure" as long as the selected interpreter is listed with the Department
of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as
a court -certified ASL interpreter.
IAA18687 Page 7 of 11
C. Salaried Staff and Contract Interpreters
Reimbursement will be provided for salaried staff or contracted interpreters meeting
the Qualifying Event conditions for the payment of credentialed spoken and sign
language interpreters, as referenced above.
D. Remote Interpreting
The AOC will reimburse local jurisdictions for using certified, registered, or otherwise
qualified interpreters operating by telephone or videophone when providing court
interpreting services for either Limited English Proficiency (LEP) persons or persons
who rely on sign language for in -court proceedings and for services that are provided
by the Court to the public outside of the courtroom.
E. Scope of Interpreter Funding
Reimbursement will only be made to the Court for interpreter costs paid from the
Court's budget (or budgets, in the case of multi -court collaborative applicants) for
interpreter services set forth in this Agreement.
2. Payment Structure
A. Hourly Rate or Flat Rate
1. Rate for Spoken Language Interpreters
Subject to the maximum compensation allowed under this Agreement, the AOC
will reimburse the Court for 50 percent of the total hourly cost and the hourly
minimum charges for services provided by AOC -certified, registered, or otherwise
court -qualified interpreters. Total hourly costs shall not exceed $50.00 per hour
and shall be for at least two hours of work. The cost of interpreters who are paid
other than on an hourly basis (e.g., on a half-day or flat rate basis) will be only
reimbursed for the actual number of hours of interpreting provided for each
Qualifying Event.
2. Rate for Sign Language Interpreters
Subject to the maximum compensation allowed under this Agreement, the AOC
will reimburse the Court for 50 percent of the total hourly cost and the hourly
minimum charges for services provided under this Agreement. Total hourly costs
shall not exceed $50.00 per hour and shall be for at least two hours of work. The
cost of interpreters who are paid other than on an hourly basis (e.g., on a half-day
or flat rate basis) will be only reimbursed for the actual number of hours of
interpreting provided for each Qualifying Event.
3. Salaried Interpreters
Subject to the maximum compensation allowed under this Agreement, the AOC
will reimburse the Court for 50 percent of the cost of staff interpreters that meet the
Qualifying Event conditions for the payment of credentialed spoken and sign
language interpreters, as referenced in Section 1. AOC will reimburse only for
interpreter services and only up to a maximum total salary of $60,000 plus 27
percent in benefits (i.e., state reimbursement = up to $30,000 of salary plus 13.5
percent in benefits).
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4. Telephone Interpreting Rate
The AOC will reimburse local jurisdictions for up to 50 percent of the cost of using
certified, registered, or otherwise qualified interpreters providing interpretation by
telephone or videophone for LEP persons or persons who rely on sign language,
up to a maximum of $1.64 per minute (with no minimum service time).
5. Excess Charges
Interpreter rates in excess of $50 an hour shall be the sole responsibility of the
Court. Where the Court must pay an hourly minimum rate for the first hour of
service, any such rate in excess of $100.00 shall be the sole responsibility of the
court.
6. Hourly Rounding
Hourly compensation for services provided shall be charged and paid in 30 minute
increments.
B. Travel Time and Mileage
The AOC will reimburse Courts for up to 50 percent of the cost of interpreter travel
time or mileage when such charges are in accordance with this Exhibit A and
reimbursed as identified below in Interpreter Travel and Mileage Reimbursement. In
such event, travel time and mileage charges will only be reimbursed for interpreters
meeting the Qualifying Event conditions. The AOC reserves the right to limit travel
reimbursement to reasonable travel, based on known availability and location of
certified, registered, or otherwise qualified interpreters.
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INTERPRETER TRAVEL AND MILEAGE REIMBURSEMENT
Interpreter mileage and/or travel time will be reimbursed as follows:
1. MILEAGE
Interpreter mileage will be reimbursed in accordance with the prevailing Office of Financial
Management (OFM) Policy and Guidance rate. The Court will notify interpreters of any
change in the OFM rate before it becomes effective.
Mileage will be reimbursed on a from "address of origin" 125 to "address of appointment"126
basis. The Court and interpreter will negotiate reimbursement for mileage traveled from
the "address of appointment' to "address of destination"127 on a case-by-case basis.
(NOTE: Courts are encouraged to have a consistent policy regarding the return trip.) In
Eastern Washington, due to the scarcity of interpreters and vast distance for portal-to-
portal travel, it is recommended that the Court reimburse the interpreter for mileage on an
"address of appointment" to "address of destination" or roundtrip basis128.
Interpreter mileage related to an appointment is billable 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.
Mileage related to appointments that have been cancelled where the interpreter has
received prior notice of the cancellation is not billable. If any proceeding or appointment is
cancelled because of interpreter's tardiness then the interpreter shall not be paid for travel.
Address
Origin
Mileage
Billable
Address of
Appointment
Mileage
$?
Subject to
Negotiation
Address of
Destination
IAA18687 Page 10 of 11
125 "Address of origin" means the interpreter's home, office, or immediately previous appointment meeting place.
126 "Address of appointment" means the courthouse or other location of the interpreter assignment.
127 "Address of destination" means the interpreter's home, office, or immediately next appointment meeting place.
128 "Roundtrip" means from the interpreter's home/office to the appointed meeting place, followed by the
interpreter's return to their home/office.
2. TRAVEL TIME
Travel time will be reimbursed on a from "address of origin" to "address of appointment"
basis. The Court and interpreter will negotiate reimbursement for travel time from "the
address of appointment" to "address of final destination" on a case-by-case basis at the
time the appointment is requested. (NOTE: Courts are encouraged to have a consistent
policy regarding the return trip.) In Eastern Washington, due to the scarcity of interpreters
and vast distance for portal-to-portal travel, it is recommended that the Court reimburse
the interpreter for travel time on an "address of appointment" to "address of destination" or
roundtrip basis.
Interpreters must travel for either a minimum of sixteen (16) miles or for one-half hour in
order to be eligible for travel time reimbursement. Exceptions to the sixteen (16) mile
minimum requirement shall be made when the use of a ferry contributes to the one-half
hour or more of travel time.
Travel time will be reimbursed at a rate of one half the hourly interpreter rate for each hour
of travel. Example: Interpreter traveled four hours to an appointment and the hourly rate is
$50. One half of the hourly rate is $25. The calculation would be 4 x $25 = $100 for travel
time.
Distance
Reimbursable
Origin , >
Mileage Only
Appointment
0 -15 Miles
Origin 1 >
Mileage or Travel Time* (but not both)
Appointment
16+ Miles or half-hour travel*
*Travel Time can be claimed only when traveling time is half hour (30 minutes) or more.
Interpreter travel time related to an appointment is billable 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.
Travel time related to appointments that have been cancelled where the interpreter has
received prior notice of the cancellation is not billable. If any proceeding or appointment is
cancelled because of interpreter's tardiness then the interpreter shall not be paid for travel.
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