AG 19-251 - WA STATEOSOS NO. G-6247 AG 19-251
RECEIVED BY
GRANT AGREEMENT BETWEEN
THE STATE OF WASHINGTON, MAR 1 � 2010.
OFFICE OF THE SECRETARY OF STATE,
ARCHIVES AND RECORDS MANAGEMENT DIVISION, SECT ETARY OF STATE .FISCAL
AND THE
CITY OF FEDERAL WAY
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 "OSOS", and City of Federal
Way; hereinafter referred to as the "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, as authorized under RCW 40.14.026,
through the Archives and Records Management Division's Local Records Grant Program.
WHEREAS, said grants program was established to provide funds to local entities to conduct this program,
and
WHEREAS, by virtue of a competitive process, this grant is awarded to named Grantee herein, and
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:
STATEMENT OF WORK
The Grantee will provide services and staff, and otherwise do all things necessary for or incidental to the
performance of work.
The Grantee will perform the work as described and included as set forth in the Award Determination form,
attached as Exhibit A.
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 is
required. The Grantee shall submit reports to:
Mark Vessey, Coordinator
Local Records Grant Program
Washington State Archives
1129 Washington St SE
Olympia, WA 90504-0238
The final report, due on or before May 31, 2019, must provide a complete summary of the project and of all
grant activities as described in the application and Exhibit A. The report MUST include a separate, itemized
list of costs incurred and copies of receipts, and invoices, etc., to substantiate all figures.
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, 2019, unless terminated sooner as provided herein.
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OSOS NO. G-6247
PAYMENT
No funds will be disbursed to the Grantee. All grant funds will be held by OSOS. In consideration for the
work conducted as described in Exhibit A, Grantee shall submit invoices for completed work to the OSOS
Project Manager for processing by OSOS. This grant is not to exceed amount of $26455 as prescribed and
incorporated by reference herein.
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. Satisfactorily completed is defined as having all the
information required for processing by OSOS Financial Services. In addition to a Federal Tax ID number, the
Grantee must provide OSOS a Statewide Vendor Number (SWV#). Payment cannot be made without these
numbers on file. The Contract number G-6247 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 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. WAC 434-670-020.
RECORDS MAINTENANCE AND MONITORING PROJECTS FOR PROGRAM AND FISCAL
COMPLIANCE
Specific accounting requirements for the Local Records Grant 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.
• The Grantee is responsible to adhere to their agencies purchasing policies and requirements.
GRANT MANAGEMENT
The Project Manager for each of the parties identified below shall be the contact person for communications
regarding the performance of this Grant. Invoices shall be sent to the OSOS Project Manager. Should
questions arise during processing of invoices send inquiries to payaNes cnsos.wa.cov.
Thomas Fichtner
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
Phone: 253-835-2547
E-mail address: Thomas.Fichtner@cityoffederalway.com
Mark Vessev
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: mark.vessey@sos.wa.gov
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
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OSOS NO. G-6247
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.
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.
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.
The rights and remedies of the 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 Grant Agreement. 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 Gra
CITY OF FEDERAL WAY
Aut zed Signatory D e
Pri ame: �Jl r-
Title: iMcHc,,
APPROVED AS TO FORM
Attorney General's Office
'E
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GRANT #2018PS43
OSOS Contract No. G-6247
EXHIBIT A
AWARD DETERMINATION
CITY OF FEDERAL WAY
The following table illustrates the grant budget as proposed by your agency with the
item that was funded and awarded with conditions.
Budget Amount Amount
Item Requested Funded Stipulations/Conditions
Software $26,455 $26,455 GovQA Public Records Management System.
Not to exceed amount funded.
TOTAL $26,455 Not to include annual subscription/maintenance
fee.