HomeMy WebLinkAboutCriminal Record Microfilm Conversion Modus Technology Inc 111111111.111111
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Ruth Gordon, County Clerk
DATE: -411451 1 .93-
SUBJECT: Criminal Records Microfilm Conversion to Digital Format, Pursuant to
Blake Decision Compliance for Cases from 1971 through 1996
STATEMENT OF ISSUE: The Supreme Court's decision in State of Washington vs. Shannon B. Blake
made Washington's drug possession statutes unconstitutional, necessitating retroactive remedial actions to
be taken at the trial court level, for criminal cases going back to May, 1971. Since this predates the use of
computers in court management and records management there is a burden on the County Clerk to review
approximately 25.5 years of microfilmed court case records to identify drug possession convictions,
determine the amounts for financial refunds of fines and fees paid to the court, and inform the prosecutor
and court of cases that need to be vacated. Because criminal case records prior to 1997 are not digitized and
exist only on microfilm, the Administrative Office of the Courts has stated it is willing to reimburse
Jefferson County for the cost of digitizing relevant microfilm to make a full review feasible.
ANALYSIS: Approximately 90 rolls of microfilm qualify as Superior Court cases from 1971 through 1996.
The most cost-effective way to digitize these rolls is have them indexed only to case number, not separating
the documents into individual documents. This gives reasonably efficient access to do the work required by
Blake and provide future usefulness. The contract describes the method to be used on its first page. This is
the industry standard. This vendor has successfully performed this service for decades. Without this
conversion I can't imagine how the Clerk's office could do this research within the next few years. We need
to identify the necessary refund costs so that the Legislature will appropriate sufficient funds.
FISCAL IMPACT: The estimated cost is truly approximate, as the final bill will be based on the number of
images per roll and the quality of the images. Per contract, Jefferson County can anticipate receiving up to a
minimum of$160,000 reimbursement for Blake administrative costs. To the Clerk's knowledge, none of
those funds have been spent. The best-guess estimate of the vendor as stated in this proposed contract to
digitize is $8,339.70. While the Clerk's budget currently shows an available balance of$59,000.43, that is
for Blake refunds, and the Clerk anticipates making a Supplemental Request for some of the $160,000 in
administrative funds to cover this project, should this contract be signed.
RECOMMENDATION: All the clerk's microfilm should be digitized for better access and so that the
annual cost for the microfilm viewer will be unnecessary. This is a good opportunity to digitize
approximately '/4 of our microfilm rolls and have the cost reimbursed by the State.
REVIEWED BY:
Mark McCauley, ounty Administrator Date
SCANNING AGREEMENT
This Agreement is between Jefferson County on behalf of the Jefferson County Clerk,
("Client")and MODUS 1'ECHONOGY,INC. ("Modus"). The purpose of this Agreement
is to create a business relationship wherein Modus provides digital scanning services to
Client.
1. Description of Services
Modus will provide the following scanning service(s) ("Services"):
PROJECT ASSUMPTIONS: (Case Files on 16mm Microfilm)
*Estimated Number of Rolls—90
*Estimated Number of Pages Per Roll—2,800
*Estimated Average Pages Per File -20
*Estimated Number of Pages Total—252,000
*Estimated Number of Files— 12,600
*Files To Be Indexed By—Twelve Digit Case Number ( YY-1-000)0X-X)
*Delivered File Type—Multi-Page TIFF
*Rolls& Scanned Data Will Be Delivered Back to Client After Scanning
STATEMENT OF WORK:
*Boxes will be picked up at an agreed upon date and time and transported via secure
Modus van where the boxes will be inducted in to our internal Project Tracking System
*Any Leaders/Trailers That Are Too Short Will Be Lengthened at Time of Scanning
*All pages will be scanned in grayscale at 300dpi
*Images/Rolls That Are Found to Be of Poor Quality Will Be Manually Enhanced To
Improve Image Quality
*Scanned Case Files Will Be Separated into Individual Files and Indexed by the Case
Number
*Deliverable image file type will be TIFF
*Scanned and Indexed Files Will Be Put on An External Hard Drive
*All Microfilm Rolls Will Be Delivered Back to the Clerk's Office
2. Terms of Agreement
Client shall provide to Modus boxes and files for scanning on an ongoing basis as long
as the services are needed. Modus shall complete the project within a mutually agreed
upon time period.
3. Payment
Client shall pay fees to Modus according to the fee schedule below. Payment
shall be due 30 days after each delivery of scanning images/files.
4. Indemnification
Modus shall indemnify and hold Client harmless for any and all claims for damage to
property or persons, including death, which result directly from Modus' sole
negligence.
5. Confidentiality
Modus shall maintain all information, data, or drawings obtained as a result of
Modus' performance of Services for Client in strict confidence and Modus shall
not divulge said information or data. Furthermore, Modus shall not use said
information, data, or drawings except in connection with the work performed by
Modus upon Client's request. This obligation of nondisclosure shall survive any
termination of this agreement.
6. Deletion of Digital Files
Files will remain on Modus' servers for 90 days after delivery of scanned images.
After 90 days,all data will be deleted.
7. Modification
This Agreement is the entire agreement of the parties hereto and may not be modified
in its terms unless agreed to,in writing,and signed by the parties.
8. Dispute or Litigation
In the event it becomes necessary for either party to this agreement to institute an
action against the other or to take any other remedial action for the enforcement of
that party's rights hereunder, it is agreed the prevailing party shall be entitled to
recover reasonable attorney fees in addition to costs and such other relief as may
be awarded by the court. It is further agreed that the venue for said action shall be
King County, State of Washington. The terms and conditions of the foregoing
Agreement are accepted and approved.
9. Fee Schedule
SCANNING PRICING:
-Scanning of 16mm Microfilm Rolls $ .015/image
-Indexing of Records Per Keystroke $ .029/keystroke
-Image Enhancement/Cropping/File Separation(if needed) $ 23.95/hour
-Portable Hard drive $ 75.00/ea.
-Pick-Up From Location (Port Townsend, WA) $ 49.95/stop
-Estimated total for Scanning and Indexing Services combined: $8,339.70 range
10. Deviations From Scope of Work:
Any significant deviations from the assumptions detailed in the Scope of Work that
may affect cost or production timelines will be communicated to the Client.
Chair of the Board of the Jefferson Modus Technology,Inc.
County Commissioners,on behalf of
the Jefferson County Clerk
Signed: Signed:
Printed: Printed: \-
., ►�_.,c7 SS .
Date: Date: —^
Approved as to form only:
.E August 7, 2022
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney