HomeMy WebLinkAboutCAG2022-376 - Original - Secretary of State - Records Grant Award - 09/20/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
9/19/22
OSOS NO. G-7574
GRANT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON,
OFFICE OF THE SECRETARY OF STATE,
ARCHIVES AND RECORDS MANAGEMENT DIVISION,
AND
CITY OF KENT
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 City of Kent (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 th e
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:
Russell Wood, Coordinator
Local Records Grant Program
Washington State Archives
1129 Washington St SE
Olympia, WA 90504-0238
recordsmanagement@sos.wa.gov
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 5/31/2023 unless terminated sooner as provided herein.
3.PAYMENT
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OSOS NO. G-7574
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 $35,000.00 (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-
7574 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.
Kim Komoto
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Phone: 2538565728
E-mail address: kkomoto@kentwa.gov
Russell Wood
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: recordsmanagement@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
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OSOS NO. G-7574
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 KENT
__________________________________
OFFICE OF THE SECRETARY OF STATE
_________________________________
Authorized Signatory Date
Print Name:_______________________
Title: Mayor
Date
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9/19/2022
Dana Ralph
9/20/2022
OSOS NO. G-7574
APPROVED AS TO FORM
Attorney General’s Office
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GRANT # 2022PS758 OSOS Contract No. G-7574
EXHIBIT A
AWARD DETERMINATION
CITY OF KENT
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 Amount
Requested
Amount
Funded Stipulations/Conditions
Imaging /
Digitization $35,000.00 $35,000.00
Records identified to be imaged:
Building Construction and Modification Permit Files (VALID)
(LU50-11-05)
Project #1 & Project #2
By Imaging Vendor:
Modus Technology, Inc.
Issaquah, WA
All reimbursement requests to be submitted by May 31,
2023.
TOTAL $35,000.00 Not to exceed amount listed.
DocuSign Envelope ID: 1D601E86-3E1D-449E-834D-C39967A460C1