Loading...
HomeMy WebLinkAbout21-165 - State of Washington, Office of the Secretary of State, Division of Archives and Records Management - Grant Agreement: Police Records DigitizationDocuSign Envelope ID: EE66B573-92C5-4432-BA55-F914D25834C6 21-165 Council Approval 11/1/21 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 DocuSign Envelope ID: EE66B573-92C5-4432-BA55-F914D25834C6 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 DocuSign Envelope ID: EE66B573-92C5-4432-BA55-F914D25834C6 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. TUKWILA POLICE DEPARTMENT OFFICE OF THE SECRETARY OF STATE DocuSigned by: f—DocuSigned by: g(14,1n, t t 0 11/3/2021 S -Vi IVaSOlit, `katEfizei`gyp• niVlgnatory Date 4`Hb43AWY2 1495... Date Print Name: Allan Ekberg Sheri Nelson Title: Mayor Deputy Secretary of State 11/3/2021 Page 3of3 r— DS DocuSign Envelope ID: EE66B573-92C5-4432-BA55-F914D25834C6 APPROVED AS TO FORM Attorney General's Office Page 4 of 3 OSOS NO. G-7251 DocuSign Envelope ID: EE66B573-92C5-4432-BA55-F914D25834C6 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.