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HomeMy WebLinkAboutCOW 2021-10-25 Item 4C - Grant Agreement - Police Records with Secretary of State's Office for $49,195.51COUNCIL AGENDA SYNOPSIS A.��' -- Initials Apg ITEM NO. O -z. 441 0 Meeting Date Prepared by Mayor's review Council review I'm y 10/25/21 RH 11/01/21 4.C. 1905 ITEM INFORMATION STAFF SPONSOR Rebecca Hixson ORIGINALAGENDA DATE: 10/25/21 AGENDA ITEM TITLE Authority to execute Grant Agreement for Police Records CATEGORY ❑ Discussion Mtg Date 90/25/29 0 Motion Mtg Date 11/1/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PIF SPONSOR'S The Council is being asked to authorize the Mayor to sign the Local Records Grant SUM IARY agreement of $49,195.51 for scanning Police case files and adding them to LaserFiche. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 ❑ LTAC ❑ DATE: 10/18/21 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. COMIVII I IEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: SECRETARY OF STATE LOCAL RECORDS GRANT Comments: no matching funds required MTG. DATE RECORD OF COUNCIL ACTION 10/25/21 MTG. DATE ATTACHMENTS 10/25/21 Informational Memorandum dated 10/25/21 Agreement Minutes from the 10/18 Community Services & Safety Committee meeting 11/01/21 Agreement 25 26 1111111111111111 111111111 ir TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Community Service & Safety Committee Eric Dreyer, Chief of Police Rebecca Hixson, Senior Manager, Support Operations Division Mayor Ekberg October 25, 2021 Case Report Digitization and Records Management: Status Update and Grant Agreement <Recommendation below added after 10/18 Community Services and Safety Committee meeting> ISSUE The Tukwila Police Department had approximately 2.2 million pages of case reports, homicide files and ID files in hard copy format stored in three different locations. Creating digital copies of these records will improve public records retention, records management and public disclosure processes and response times. In addition, all records that must remain in hardcopy would fit in city -owned, accreditation -approved Justice Center. BACKGROUND Feb. 2020: Expenditure of $150,000 over 18 months approved by Council DISCUSSION March 2020: April 2020: May 2020: June 2020: July 2020: August 2020: Sept. 2020: Jan. 2021: Feb. 2021: April 2021: May 2021: Summer: Oct. 2021: Scanned four test boxes of various record types Submitted WA State Local Records Grant application Completed 2006 case report scanning Completed 2005 case report scanning Scanning paused due to COVID 19 funding challenges Records added to LaserFiche WA State Grant funding put on hold PD moves to Justice Center Records Annex clean up Purchased third LaserFiche license PD moves out of Records Annex to Justice Center and old PD Holding Cells Resubmitted WA State Local Records Grant application Prepared case report for scanning (eight years ready to scan) Awarded $49,195.51 WA State Local Records Grant Restart scanning; continue case file preparation 2022: Complete case report and homicide case scanning; determine if funding remains to complete ID file scanning. FINANCIAL IMPACT PD 2020 Expenditures: $7,000 PD 2021 Estimated Expenditures: $50,000 2022 Expenditures: Grant funds $49,195.51 27 28 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to consider the grant agreement from the Secretary of State's Office in the amount of $49,195.51 <coming to the City with no City match> at the October 25 Committee of the Whole meeting and subsequent November 1 Regular Meeting. The agreement was not available to the City in time for the October 18 Community Services and Safety Committee; it has since been provided to the City. ATTACHMENTS Grant Agreement https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2021 Info Memos/PD Records Digitization 10-25-21.doc DocuSign Envelope ID: 1 E674CCB-31 D4-49E0-AD56-9DOFD20033D7 OSOS NO. G-7251 GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON, OFFICE OF THE SECRETARY OF STATE, ARCHIVES AND RECORDS MANAGEMENT DIVISION, AND TUKWILA POLICE DEPARTMENT This Grant Agreement (this "Agreement") is entered into between the state of Washington, Office of the Secretary of State, Division of Archives and Records Management (hereinafter referred to as "OSOS"), and Tukwila Police Department (hereinafter referred to as "Grantee"). RECITALS WHEREAS, a local government grants program was authorized and funded by Chapter 303, State of Washington Laws of 2017; and WHEREAS, the purpose of this program is to help local governments use technology to improve their records retention, management and disclosure of public records processes, as authorized under RCW 40.14.026, through the Archives and Records Management Division's Local Records Grant Program (hereinafter referred to as the "Program");and WHEREAS, the Program was established to provide funds to local entities to accomplish the Program's purposes; and WHEREAS, by virtue of a competitive process, Grantee was conditionally identified for award of the Grant Amount (as hereinafter defined); and WHEREAS, OSOS and Grantee desire to set forth in detail the terms and conditions governing the award and disbursement of the Grant Amount to Grantee. NOW, THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, OSOS and Grantee mutually agree as follows: 1. STATEMENT OF WORK Grantee will provide services and staff, and otherwise do all things necessary for or incidental to the performance of the work. Grantee will perform the work as described in the Award Determination attached hereto as Exhibit A and incorporated herein by this reference. The Program requires both the narrative and financial components of Program progress reports be completed during the project period. Documentation of expenditures is required. Grantee shall submit reports to: Marnie McGrath, Coordinator Local Records Grant Program Washington State Archives 1129 Washington St SE Olympia, WA 90504-0238 Upon completion of the project work and prior to disbursement of the Grant Amount, Grantee shall participate in a survey conducted by OSOS. 2. PERIOD OF PERFORMANCE Subject to the other provisions of this Agreement, the period of performance of this Agreement shall commence on date of execution and be completed no later than 12/2/2022, unless terminated sooner as provided herein. 3. PAYMENT Page 1 of 3 29 DocuSign Envelope ID: 1 E674CCB-31 D4-49E0-AD56-9DOFD20033D7 OSOS NO. G-7251 No grant funds will be disbursed in advance to Grantee. All grant funds will be held by OSOS. In consideration for the work conducted as described in Exhibit A, and Grantee's compliance with the other terms and conditions of this Agreement, Grantee shall submit invoices for completed work to the OSOS Project Manager for processing by OSOS. Subject to the other provisions of this Agreement, this grant is not to exceed the amount of $49,195.51 (the "Grant Amount") as set forth on Exhibit A. Payment for approved and completed work will be made by warrant or account transfer by OSOS within 30 calendar days of a satisfactorily completed invoice and Grantee's compliance with all other terms and conditions of this Agreement. Satisfactorily completed is defined as having all the information required for processing by OSOS Financial Services. In addition to a Federal Tax ID number, Grantee must provide OSOS a Statewide Vendor Number (SWV#). Payment cannot be made without these numbers on file. The Contract number G- 7251 and Statewide Vendor number must be referenced on each reimbursement claim in order for the claim to be processed. Costs incurred prior to the effective date of this Agreement shall be disallowed. Should Grantee incur costs prior to the effective date of this Agreement, it does so at its own risk. WAC 434-670-020. 4. RECORDS MAINTENANCE AND MONITORING PROJECTS FOR PROGRAM AND FISCAL COMPLIANCE Specific accounting requirements for the Program include but are not limited to: • All changes to the approved project (project scope, budget, personnel), must be requested in writing to, and approved by, the State Archivist. • Imaging completed as a result of this grant must meet the Washington State Standards for Production and Use of Microfilm. • Grant work must be monitored in progress. OSOS staff may visit the work site for review at any time during the project. • Grantee is responsible to adhere to its own applicable purchasing policies and requirements. • Grantee must participate in a survey conducted by OSOS following completion of the project work. 5. GRANT MANAGEMENT The Project Manager for each of the parties identified below shall be the contact person for communications regarding the performance of this Agreement. Invoices shall be sent to the OSOS Project Manager. Should questions arise during the processing of invoices, send inquiries to payables@sos.wa.gov. Rebecca Hixson Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 206-433-1806 r.hixson@tukwilawa.gov Marnie McGrath Office of the Secretary of State Washington State Archives and Records Management 1129 Washington St. SE Post Office Box 40238 Olympia, Washington 98504-0238 Phone: 360-586-7810 E-mail address: marnie.mcgrath@sos.wa.gov 6. 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 Page 2of3 30 DocuSign Envelope ID: 1 E674CCB-31 D4-49E0-AD56-9DOFD20033D7 OSOS NO. G-7251 the other party. Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. 7. EXCEPTIONAL CIRCUMSTANCES In the event of exceptional circumstances as determined by OSOS in its sole discretion, the funds available for the work to be performed under this Agreement may be increased by an amount not to exceed 10% of the original Grant Amount, and the period of performance may be extended by up to 30 days beyond the original period of performance stated in this Agreement. The parties agree that such an increase in available funds or extension of time due to exceptional circumstances shall not require a formal amendment to this Agreement, but instead may be effectuated by OSOS after notice to Grantee. 8. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. 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 the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. The rights and remedies of OSOS provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Secretary of State. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable Alternate Dispute Resolution (ADR) method in addition to the dispute resolution procedure outlined above. 10. GOVERNANCE In the event of any 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; and B. This Agreement and any and all attached exhibits 11. GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF TUKWILA OFFICE OF THE SECRETARY OF STATE Authorized Signatory Date Date Print Name: Allan Ekberg Sheri Nelson Title: Mayor Deputy Secretary of State Page 3of3 DocuSign Envelope ID: 1 E674CCB-31 D4-49E0-AD56-9DOFD20033D7 APPROVED AS TO FORM Attorney General's Office 32 Page4of3 OSOS NO. G-7251 DocuSign Envelope ID: 1 E674CCB-31 D4-49E0-AD56-9DOFD20033D7 GRANT # 2021PS701 OSOS Contract No. G-7251 EXHIBIT A AWARD DETERMINATION TUKWILA POLICE DEPARTMENT The following table illustrates the grant budget as proposed by your agency - with the items that were funded, and the items that were awarded with conditions. Budget Item Imaging / Digitization TOTAL Amount Amount Requested Funded $49,195.5 $49,195.51 $49,195.51 Stipulations/Conditions Records identified to be imaged: Approximately 8,453 case files comprised of: Case Files — Notorious/Historically Significant Cases (DAN LE2010-060 Rev.2) Case Files — Homicides (Unsolved), Missing Persons (Not Found), and Unidentified Bodies (DAN LE2010-061 Rev.1) Major Accident Response and Reconstruction (MARR) (DAN LE2010-072 Rev.2) Case Files — Homicides (Solved) (DAN LE2010-062 Rev.1) Case Files — Sex Offenders and Sexually Violent Offenses (DAN LE2010-063 Rev.2) Case Files — All Other Cases (DAN LE2010-064 Rev.1) By Imaging Vendor: CD! 2000 O'Neil Road, Suite 150 Hudson WI 54016 (855) 714-2800 All reimbursement requests to be submitted by December 2, 2022. Not to exceed amount listed. 34 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes October 18, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Cynthia Delostrinos Johnson, Chair; De'Sean Quinn, Zak Idan David Cline, Rebecca Hixson, Eric Dreyer, Eric Lund, Kris Kelly, Norm Golden, Olena Perry, Rachel Bianchi, Laurel Humphrey Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract Amendment: Fire/EMS Advisory Committee Staff is seeking approval to amend the contract with Karen Reed Consulting, LLC to extend the term to December 31, 2022 and increase the compensation by $40,000 not to exceed $75,000. Committee Recommendation: Unanimous approval. Forward to November 1, 2021 Regular Consent Agenda. B. 2021 3rd Quarter Fire Department Report Staff presented the report. Item(s) for follow up: • Provide information on how often response times change by station. • Explain the uptick trend for Tukwila's provision of automatic aid - has it been consistent throughout the year or just the 3rd quarter? Committee Recommendation: Discussion only. C. Police Records Digitization Update Staff provided an update on the project and shared that a grant acceptance will be coming forward for approval soon. Committee Recommendation: Discussion only. D. 2021 3rd Quarter Police Department Report Staff presented the report. Committee Recommendation: Discussion only. 35