HomeMy WebLinkAboutR-2010-019 Washington State Archives Local Records Grant AgreementRESOLUTION NO. R-2010-19
A RESOLUTION authorizing the City Manager to execute a grant agreement with the State
of Washington, Office of the Secretary of State, Division of Archives and
Records Management, to support local public records management and
preservation efforts.
WHEREAS, the City of Yakima was awarded a grant in the amount of $10,000 through
the 2009-2011 Washington State Archives Local Records Grant Program; and
WHEREAS, the grant will be used for the purposes of imaging and preservation of
Minutes (1886-2000), Ordinances (1886-2000), and Resolutions (1959-2000); and
WHEREAS, all records must be indexed and will be hosted by the Washington State
Digital Archives for public viewing; and
WHEREAS, scanning, microfilming, microfilm duplication and related services must be
performed by Imaging Services (IS), Washington State Archives, Office of the Secretary of State;
and
WHEREAS, the Washington State Archives Grant Program requires both the narrative
and financial components of program progress reports be completed during the project period,
including documentation of expenditures and bids, and shall be submitted to both the State
Archivist and the Local Records Grant Program; and
WHEREAS, the period of performance of the agreement shall commence on date of
execution and be completed no later than May 31, 2011, unless terminated sooner as provided
by the terms and conditions of the agreement; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached grant agreement
and to execute other such documents as may be required upon receipt.
ADOPTED BY THE CITY COUNCIL this 19th day of January, 2010.
ATTEST
City Clerk
Micah Cawley, Mayo
Grant No. G-4355 OSOS Contract No. 7071Y-1138
GRANT AGREEMENT BETWEEN
THE STATE OF WASHINGTON,
OFFICE OF THE SECRETARY OF STATE,
DIVISION OF ARCHIVES AND RECORDS MANAGEMENT,
AND THE
CITY OF YAKIMA
This Grant 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 the "Agency", and
the City of Yakima, 129 North 2nd Street, Yakima, WA; hereinafter referred to as the "Grantee".
PURPOSE
The purpose of this Grant Agreement is to support local public records management and
preservation efforts, as authorized under RCW 36.22.175., through the Archives and Records
Management Division's Local Records Grant Program.
STATEMENT OF WORK
The Grantee will provide services and staff, and otherwise do all things necessary for or incidental
to the performance of work, as set forth below:
The Grantee will perform the work as described 'and included in the Grantee's application signed
on 9/8/2009, and as set forth in the Award Determination form, attached as Exhibit A.
Scanning, microfilming, microfilm duplication and related services must be performed by Imaging
Services (IS), Washington State Archives, Office of the Secretary of State, as a condition of award
acceptance. IS may decline services based on business requirements, in which case Grantee may
contract with outside vendors. When using outside vendors, Grantee is responsible for ensuring all
files and data meet the specifications required to create security microfilm and host digital records
in the Digital Archives
The Washington State Archives Grant Program requires both the narrative and financial
components of program progress reports be completed during the project period. Documentation
of expenditures and bids is required. The Grantee shall submit reports to both of the individuals
listed below:
Jerry Handfield
State Archivist
Washington State Archives
1129 Washington St SE
Olympia, WA 90504-0238
Patrick Williams, Coordinator
Local Records Grant Program
Washington State Archives
1129 Washington Street SE
Olympia, WA 98504-0238
The interim report, due on or before January 10, 2011, must detail the activities performed or
progress toward the successful completion of the work described in the application and Exhibit A —
from project execution through December 31, 2010.
The final report, due on or before May 31, 2011, must provide a complete summary of the project
and of all grant activities as described in the application and Exhibit A. It MUST include a
separate, itemized list of costs incurred and copies of receipts, and invoices, etc., to substantiate
all figures.
Page,1 of 3
Grant No. G-4355
OSOS Contract No. 7071Y-1138
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on
date of execution, and be completed no later than May 31, 2011, unless terminated sooner as
provided herein.
PAYMENT
In consideration for the work conducted as described in Exhibit A, the Agency agrees to credit the
Grantee an amount not to exceed $10,000 as prescribed and incorporated by reference herein.
No funds will be disbursed to the Grantee The payment of credit for services is as described:
• An invoice will be created by the Agency's Financial Services upon delivery of Archival
Storage boxes.
• The invoice will be paid by the Agency through a transfer of funds upon delivery of Archival
Storage boxes.
• An invoice will be created by the Agency's Imaging Services upon delivery of the completed
project.
• The invoice will be paid by the Agency through a transfer of funds upon approval by the
Grantee of services provided.
• The Agency will send a copy of the paid invoices for reference to the Grantee.
Costs incurred prior to the effective date of the Grant Agreement shall be disallowed under the
Grant. Should the Grantee incur costs prior to the effective date of the Grant Agreement, it does
so at its own risk.
RECORDS MAINTENANCE AND MONITORING PROJECTS FOR PROGRAM AND FISCAL
COMPLIANCE
The Grantee must comply with the accounting and auditing requirements set forth in WAC 434-
670-070 and WAC 434-670-080, respectively.
Specific accounting requirements for the Local Records Grant Program include but are not limited
to:
• Grant money must be deposited in an auditable, interest-bearing account. Interest
received must be applied to the project, or returned to the Agency.
• The Grantee must submit, with the final report, an itemized list of costs incurred, with
copies of receipts, invoices, and payroll records, etc., to substantiate all figures.
• All changes to the approved project (project scope, budget, personnel), must be requested
in writing to, and approved by, the State Archivist.
• Grant work must be monitored in progress. Agency staff may visit the work site for review at
any time during the project.
• The Grantee must adhere -to local and state bid requirements.
INDEPENDENT CAPACITY AND INDEMNIFICATION
The employees or agents of each party who are engaged in the performance of this Grant
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. Each party to this Grant Agreement shall be
responsible for its own acts and/or omissions and those of its officers, employees and agents.
BUDGET REVISIONS
Revisions to the budget as described in the application and Exhibit A are permitted only with official
written approval from the Washington State Archivist.
TERMINATION
Either party may terminate this Grant Agreement upon 30 days' prior written notification to the other
party. If this Grant Agreement is so terminated, the parties shall be liable for performance rendered
or costs incurred in accordance with the terms of this Grant Agreement prior to the effective date of
termination.
Page 2of3
•
Grant No. G-4355 OSOS Contract No. 7071Y-1138
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Grant 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 Grant Agreement may be terminated immediately by written notice of the
aggrieved party to the other. In the event of a termination for cause, all unused funds must be
returned to the Agency's Local Records Grant Program.
In the event that the Termination for Cause occurs due to any violation of these contract provisions
by the Grantee, the Grantee may be required to reimburse the Agency's Local Records Grant
Program for the expended portions of the funds.
The rights and remedies of the Agency provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
DISPUTES
Except as otherwise provided in this Grant 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 Grant 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.
GOVERNANCE
In the event of any inconsistency in the terms of this Grant 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 Grant Agreement and any and all attached exhibits
GOVERNING LAW
This Grant 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 Grant Agreement.
CITY OF YAKIMA:
aljiAuthorized Signatory
Date
Print Name: M i GAR- W Lay
Title: Mayor
EXHIBIT
A. Award Determination
CITY CONTRAcrNO. 1010 - j tf
RESOLUTION NOR 7°l0
OFFICE OF THE SECRETARY OF STATE0/2,,
Eleanor Dovey 0
Financial Services Manager
ate
Page 3 of 3
Office of the Secretary of State
Financial & Support Services
PO Box 40224
Olympia, WA 98504-0224
GRANT # G-4355 OSOS Contract No. 7071Y-1138
EXHIBIT A
AWARD DETERMINATION
CITY OF YAKIMA
The following table illustrates the grant award budget along with conditions specific to
those budget items.
r Budget
Item
Amount Funded
- For the Purposes of
Imaging
Services
Not to Exceed
$9,714
Imaging and Preservation of
Minutes1886-2000,
Ordinances1886-2000,
Resolutions 1959-2000
All records must be indexed and will be
hosted by the Washington State Digital
Archives for public viewing.
Boxes
$286
Public Records Storage.
TOTAL
$10,000
Congratulations!
1. If you accept the budget as described in the table above, please have your
authorizing official sign each of the enclosed original Grant Agreements and return
both of them to the address provided at the bottom of page three. Once our
authorizing official also signs each agreement, one signed original will be returned to
you for your files.
2. Two copies of a Service Level Agreement with Imaging Services have been included
in your award packet. Please sign both copies and return with your Grant
Agreements. Once executed, a signed copy will be returned to you.
3. Upon execution of the Grant Agreement, a Statement of Work (with Imaging
Services) and Transmittal Agreement (with the Digital Archives) will be sent to you
defining the terms and conditions required of each party.
4. Records will be digitized and microfilmed from the earliest recorded date until
completion of the project, or exhaustion of funds; whichever occurs first.
• If you have questions about the award,
please contact:
Patrick Williams
Local Records Grant Program Coordinator
(360) 586-0108
patrick.williams@sos.wa.gov
For questions about the contract,
please contact: _ .
• Bill Fieber, Contracts Specialist
Office of the Secretary of State
(360) 236-5045
bill.fieber@sos.wa.gov
Grant No. G-4355 OSOS Contract No. 7071Y-1138
SERVICE LEVEL AGREEMENT
For
DOCUMENT PREPARATION AND IMAGING SERVICES
THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA
(hereinafter "CUSTOMER") and the STATE of WASHINGTON, OFFICE OF THE SECRETARY
OF STATE, ARCHIVES & RECORDS MANAGEMENT DIVISION (hereinafter "ARCHIVES").
This Service Level Agreement establishes the understanding for ARCHIVES to provide
document preparation, scanning, and microfilming services. Specific work to be preformed shall
be described in a separately approved Statement of Work (hereinafter "SOW"). Any additional
SOWs shall be approved in writing.
I. SCOPE OF SERVICES
1. ARCHIVES shall provide document preparation, scanning, and microfilming services to
the CUSTOMER upon receipt of a detailed SOW describing the services requested and
the documents to be prepared and scanned or microfilmed. The SOW shall thereby be
made an integral part of this Agreement. Within ninety (90) calendar days after delivery
to the CUSTOMER of the finished product, pursuant to the SOW, ARCHIVES shall
return the documents to the CUSTOMER. Upon a written request from.the
CUSTOMER, ARCHIVES will transfer the documents to an ARCHIVES regional branch
facility.
2. ARCHIVES shall meet or exceed the quality control, processing, document preparation,
and imaging specifications and standards for the creation of archival public record
documents established by Washington State law. It is the responsibility of the
CUSTOMER to verify the quality and accuracy of the service performed and to notify
ARCHIVES of any discrepancies within thirty (30) calendar days after receiving the
finished work product for each Statement of Work. Promptly after receiving such notice
of any discrepancies from the CUSTOMER, ARCHIVES will replace deficient work
product with product that meets specifications and standards at no charge to the
CUSTOMER. Any defects or errors communicated by the CUSTOMER to ARCHIVES
after thirty (30) calendar days after receiving the finished work product will incur
additional costs.
3. Although each Statement of Work will include an estimated completion date as agreed
upon by the parties, ARCHIVES shall not be liable for delays in providing services
to the CUSTOMER under this Agreement.
4. Nothing in this Agreement shall constitute a guarantee by the CUSTOMER to provide a
minimum amount of work or a promise to supply work to ARCHIVES.
5. All records must be delivered in boxes capable of holding their contents with the lid
closed. This includes rolled or flat drawings. Boxes that are damaged, without lids, or
weighing over 40Ibs will not be accepted. Boxes may be weighed before transporting.
ARCHIVES have archival quality boxes with attached lids for purchase. ARCHIVES
have staff available to box CUSTOMER documents on site for an hourly fee equal to the
current ARCHIVES miscellaneous labor rate.
Page 1 of 5
Grant No. G-4355
OSOS Contract No. 7071Y-1138
6. Washington State Microfilming Standards require certain information to be present on all
microfilm. ARCHIVES will add pages to ensure compliance with the standards.
CUSTOMER will be charged at a per page rate and project preparation rate for this
work.
7. CUSTOMER instructions that result in a suspension of work in progress will be charged
the current ARCHIVES miscellaneous labor rate per each hour of downtime for shut
down and restart. Once the project work begins, all questions submitted to the
CUSTOMER must be answered expeditiously and no later than one (1) business day to
avoid work stoppage.
II. TERMS AND TERMINATION
1. This Agreement shall take effect upon the signing of the last required signature. This
Agreement shall remain in effect until 05/15/2011.
2. The CUSTOMER may extend this Agreement for up to two (2) additional two-year terms
by providing a written notice to ARCHIVES any time before the termination date.
3. Either party may terminate this Agreement upon a thirty (30) calendar day written notice
to the other party. In the event of termination of this Agreement, the terminating party
shall be liable only for the performance rendered prior to the effective date of
termination. The CUSTOMER shall pay ARCHIVES within thirty (30) calendar days of
receipt of billing for services rendered.
III. COMPENSATION
1. The CUSTOMER will pay ARCHIVES for the services provided under this Agreement at
the rates in effect at the time a request for work is received from the CUSTOMER and
ARCHIVES creates a Statement of Work, which is approved by the CUSTOMER.
ARCHIVES shall maintain the right to increase or decrease the cost of rendering
service(s) under this Agreement throughout its lifetime upon a thirty (30) calendar day
advance notice to the CUSTOMER. Notwithstanding paragraph II above, the
CUSTOMER has fifteen (15) calendar days to agree or terminate the Agreement for
,changes made pursuant to this paragraph III 1.
2. ARCHIVES will send an itemized bill to the CUSTOMER each month that includes work
done in the prior month for imaging services detailing charges by Statement of Work
number and services provided. ARCHIVES shall submit invoices to the same address to
which notice is sent.
3. The CUSTOMER shall make payment by checks, journal voucher, or credit card of
amount due within thirty (30) calendar days after receiving a properly executed invoice.
The CUSTOMER shall make checks payable to the Office of the Secretary of State and
send payment so the Office of the Secretary of State, Financial and Support Services,
P.O. Box 40224, Olympia, WA 98504-0224. Payment must reference the Agreement
number.
4. Total services under this Agreement shall not exceed $50,000.00 annually. This
amount can be increased by an amendment to this Agreement signed by both Parties.
Page 2 of 5
Grant No. G-4355
IV. NOTICE
OSOS Contract No. 7071Y-1138
1. Any notice to be given under this Agreement shall be in writing and may be sent either
by registered or certified mail, facsimile transmission, email, or personal delivery.
2. Any notice from ARCHIVES sent to the CUSTOMER shall be sent or delivered to.
Customer Contact Name: Jodi Stephens
City of Yakima
Public Records Officer
129 North 2nd Street
Yakima, WA 98901
Telephone Number: 509-576-6652
Fax Number: 509-576-6635
Email Address: jstephens@ci.yakima.wa.us
3. Any notice from the CUSTOMER sent to ARCHIVES shall be sent or delivered to:
Boyd Barber
Imaging and Preservation Services Manager
Office of the Secretary of State
Washington State Archives
6340 Capitol Boulevard S.
Olympia, WA 98504
Telephone: (360) 236-5080
Fax Number: (360) 236-5096
Email Address: boyd barber@sos.wa.gov
4. Notice shall become effective upon delivery in person, three (3) business days after
posting by prepaid registered or certified mail, receipt by the sender of a successful
facsimile transmission report, or receipt by the sender of an email read receipt,
whichever occurs first.
V. RECORDS
The parties to this Agreement shall each maintain books, records, documents, and other
evidence, which sufficiently and properly reflects all direct and indirect costs expended
by either party in the performance of the service(s) described herein. These records
shall be subject to inspection, review, or audit by personnel of both parties, or other
personnel duly authorized by either party, the Office of the State Auditor, and federal
officials authorized by law. All books, records, documents, and other material relevant to
this Agreement will be retained for six (6) years after expiration or termination of this
Agreement and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these
materials during this period.
VI. GENERAL TERMS AND CONDITIONS
1. This Agreement shall not be assignable by either party without written consent of the
other party.
Page 3 of 5
Grant No. G-4355 OSOS Contract No. 7071Y-1138
2 The ownership of the documents or other items received from the CUSTOMER shall at
all times remain the property of the CUSTOMER. The imaging or other products are the
property of the ARCHIVES until payment has been made for the services rendered.
3. The service or product provided by this Agreement shall be either available for pickup or
shipped from the ARCHIVES' facility at 6340 Capitol Boulevard S , Olympia, WA 98504.
4. Except as otherwise provided in this Agreement, when a bona fide dispute arises
between ARCHIVES and the CUSTOMER, and it cannot be resolved by direct
negotiation, either party may request a dispute hearing with the Secretary of State or the
delegate authorized in writing to act on behalf of the Secretary of State.
A. The request for a dispute hearing must:
• be in writing;
• state the disputed issues(s);
• state the relative positions of the parties;
• state the party's name, address, and contract number; and
• be mailed to the Secretary of State or delegate and party's (respondent's)
Agreement Manager.
• The respondent shall send a written answer to the requester's statement to both
the Secretary of State or delegate and the requester within fifteen (15) business
days.
B. The Secretary of State or delegate shall review the written statements and reply in
writing to both parties within ten (10) business days. The Secretary of State or
delegate may extend this period if necessary by notifying the parties.
C. The parties agree that this dispute process shall precede any action in a judicial or
quasi-judicial tribunal.
Nothing in the 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 outline above.
5. This Agreement shall be construed and interpreted in accordance with the law of the
state of Washington. The venue of any legal action brought hereunder shall be in the
Superior Court for Thurston County.
6. Each party to this agreement shall be responsible for its own acts and/or omissions and
those of its officers, employees and agents. No party to this agreement shall be
responsible for the act and/or omissions of entities or individuals not a party to this
agreement.
7. This Agreement may be modified only in writing by the parties executed with the same
formalities required to execute this Agreement.
8 If any clause, phrase, sentence, or paragraph of this Agreement is declared invalid or
void, the remaining provisions of this Agreement shall remain in full force and effect.
9. If any conflicts exist between the text of this Agreement and any Statement of Work, the
Agreement shall prevail.
Page 4 of 5
Grant No G-4355 OSOS Contract No. 7071Y-1138
VII. AFFIRMATION OF AGREEMENT
The parties signing below hereby affirm that they have the authority to bind the
respective parties to the terms of this Agreement. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to
bind any of the parties. This Agreement, together with all of its attachments and
subsequent Statement of Work constitutes the entire Agreement.
The parties have read and agree to the terms and conditions of this Agreement.
CITY OF YAKIMA
Title
APPROVED AS TO FORM
Attorney General's Office
CITY CONTRAC r NO: ZO_U /`I
RESOLUTION NO: i - 2-0 r 0 -
Date
OFFICE OF THE SECRETARY OF STATE
02//,
Eleanor Dovey
Financial Services Manager
Page 5 of 5
Date
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1'1
For Meeting Of January 19, 2010
ITEM TITLE: Consideration of Legislation regarding a grant agreement between the City of
Yakima and Washington State Division of Archives and Records Management:
A. Resolution authorizing execution of a grant agreement with the State of
Washington, Division of Archives and Records Management for local public
records management and preservation efforts
B. Ordinance amending the 2010 budget and making an appropriation of
$10,000 in the 000 -General Fund (no action required at this meeting; second
reading scheduled 2-2-10)
SUBMITTED BY: Dave Zabel!, Assistant City Manager
Deborah Kloster, City Clerk
Jodi Stephens, Public Records Officer
CONTACT PERSON/TELEPHONE: Deborah Kloster, 575-6037
SUMMARY EXPLANATION:
On September 4, 2009, the City Clerk's office submitted an application to the State of
Washington, Secretary of State, Division of Archives and Records Management for a Local
Records Grant 2009-2011.
On October 19, 2009, the City was notified it was selected as one of the award recipients of a
grant for $10,000. The purpose of the grant is to digitize and preserve Minutes, Ordinances
and Resolutions from 1886-2000 and make them accessible to the public through the Digital
Archives. The award is based on a budget of not to exceed $9,714 for imaging services and
$286 for public records storage boxes.
Staff respectfully requests that Council approve the attached ordinance, which authorizes an
appropriation of $10,000 into the 014-625-410 to support local pubic records management and
preservation of documents.
Resolution X Ordinance X Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source 000 -General Fund, City Clerk' ecords
APPROVED FOR SUBMITTAL: � / City Manager
STAFF RECOMMENDATION: Staff requests Council to adopt the resolution; read the
attached ordinance at the January 19, 2009 Council meeting; and pass the ordinance at the
February 2, 2010 Council meeting.
BOARDS/COMMISSIONS/COMMITTEES:
COUNCIL ACTION: