Washington County ~ IG234002 ~ Intergovernmental Agreement - Washington County, Tualatin, Tigard, Sherwood - Mental Health Response INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into, by and between Washington County, a political
subdivision of the State of Oregon, and the cities of Tualatin, Tigard and Sherwood,
municipal corporations of the State of Oregon.
WHEREAS, ORS 190.010 authorizes the parties to enter into this Agreement for the
performance of any or all functions and activities that a party to the Agreement has
authority to perform.
Now, therefore, the parties agree as follows:
1) The effective date is July 1, 2022 or upon final signature, whichever is later.
The expiration date is: June 30, 2023; unless otherwise amended.
2) The parties agree to the terms and conditions set forth in Attachment A, which is
incorporated herein, and describes the responsibilities of the parties, including
compensation, if any.
3) Each party shall comply with all applicable federal, state and local laws; and rules
and regulations on non-discrimination on the grounds of race, color, ancestry, national
origin, religion, gender, sexual orientation, marital status, age, or disability.
4) Each party is an independent contractor with regard to each other party(s) and
agrees that the performing party has no control over the work and the manner in which
it is performed. No party is an agent or employee of any other.
5) No party or its employees is entitled to participate in a pension plan, insurance,
bonus, or similar benefits provided by any other party.
6) This Agreement may be terminated, with or without cause and at any time, by a party
by providing thirty (30) days written notice of intent to the other party(s).
7) Modifications to this Agreement are valid only if made in writing and signed by all
parties.
8) Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to
hold harmless, defend, and indemnify each other, including its officers, agents, and
employees, against all claims, demands, actions and suits (including all attorney fees
and costs) arising from the indemnitor's performance of this Agreement where the loss
or claim is attributable to the negligent acts or omissions of that party.
9) Each party shall give the other immediate written notice of any action or suit filed or
any claim made against that party that may result in litigation in any way related to this
Agreement.
MHRT Intergovernmental Agreement Page 1 of 3
10) Each party agrees to maintain insurance levels or self-insurance in accordance with
ORS 30.282, for the duration of this Agreement at levels necessary to protect against
public body liability as specified in ORS 30.269 through 30.274.
11) Each party agrees to comply with all local, state and federal ordinances, statutes,
laws and regulations that are applicable to the services provided under this Agreement.
12) This Agreement is expressly subject to the debt limitation of Oregon Counties set
forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds
being appropriated therefore.
13) This writing is intended both as the final expression of the Agreement between the
parties with respect to the included terms and as a complete and exclusive statement of
the terms of the Agreement.
14) Because federal grant funds are being used to fund this IGA, the provisions of
Attachment B are required and shall be met by the subrecipient of federal grant funds
through this IGA.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed
by the duly authorized signatures below.
CITY OF TUALATIN
Authorized Signature: � s
Authorized Signature Date Aug 3, 2022
Signatory Printed Name Title Sherilyn Lombos
Address: ,9880 SWM 11-11—11,1n 11 11111
CITY OF TIGARD
Authorized Signature:
Authorized Signature Date Aug 3, 2022
Signatory Printed Name Title Steve Rymer
Address: 13125 SW Hall Blvd
MHRT Intergovernmental Agreement Page 2 of 3
CITY OF SHERWOOD
Authorized Signature:
Authorized Signature Date Aug 3, 2022
Signatory Printed Name Title Keith D. Campbell
Add resS: 25NO SW Ph.Sheet Sh-d,OR,97140
WASHINGTON COUNTY
Authorized Signature: J� -= '-_--_
Date: Aug 1, 2022
Signatory Printed Title: Marni Kuyl
Address: 165 First Ave Hmshom oiegan 97124
MHRT Intergovernmental Agreement Page 3 of 3
ATTACHMENT A -
I, Scope of Work:
Crisis Clinicians—Mental Health Response Team (MHRT):
Effective July 1, 2022 through and including June 30, 2023, Washington County ("County"), acting
through its Department of Health and Human Services ("HHS"), will provide one (1) crisis mental
health clinician ("Clinician") on the Washington County Mental Health Response Team ("MHRT") to
be paired with the Cities of Tigard, Tualatin, Sherwood, and King City, (collectively "Cities"). The
parties acknowledge County will provide services through a subcontract with Lifeworks, Inc.
("Subcontractor"), and County may change subcontractors in its sole discretion. The subcontract
arrangement does not modify County's duties and obligations under the Intergovernmental
Agreement to which this schedule is attached ("Agreement").
MHRT is a collaboration between law enforcement and behavioral health crisis services.
Service consists of co-locating contracted Clinicians with a team of law enforcement
officers to respond to mental health emergencies dispatched by the Washington County
Consolidated Communications Agency (911) and through coordination with the
Washington County Sheriffs Office ("WCSO"). MHRT may also provide follow up and
outreach services to individuals identified by non-MHRT law enforcement officers and
other law enforcement agencies. As time allows, follow up and outreach may be provided
to individuals identified by Emergency Medical Services.
Tualatin will fund thirty-five percent(35%) of forty (40) hours per week of mental health
clinician capacity to MHRT. Tigard will fund fifty percent(50%) and Sherwood will fund
fifteen percent(15%) of the remaining costs of the mental health clinician capacity.
Tualatin will reimburse Tigard and Sherwood for their costs under this paragraph. The
funds contemplated by this paragraph will be used to compensate Clinicians in general.
Shifts may be filled by various mental health clinicians; not any specific individual.
Services performed by Clinicians, include but are not limited to, face-to-face crisis
assessment and evaluation as a qualified mental health professionals; consultation with
families, other professionals, or community partners such as law enforcement and
community members; referral for medication evaluation, if needed; psychiatric
consultation; hospital diversion; stabilization services/follow-up care, as needed; referral to
appropriate services; flexible funding to assist with emergency housing, transportation or
other unmet needs contributing to the crisis episode; and language/culturally specific
services.
Minimum Qualifications:
Clinicians shall be Masters Level Clinicians (Qualified Mental Health Professional—QMHP)
and must submit to and pass comprehensive background checks conducted by the Tualatin
Police Department.
The Clinicians in MHRT must receive training in radio communications and attend
defensive tactics training provided by WCSO, as available. The Clinicians in MHRT will
wear a ballistic vest at all times while riding with officers and deputies, as they may be
exposed to volatile and dangerous situations.
II. Additional Terms and Conditions:
Payment:
County will subcontract to provide Clinicians for MHRT. The total cost for forty (40)
hours per week of Clinician coverage for the term of the Agreement(for one year from
July 1, 2022 to June 30, 2023 is $10,847 per month, for a total not to exceed $130,164
for the year. Of this, Tualatin will pay the County $3,838.00 per month, not to exceed
$46,056.00 for the year; Tigard will pay the County $5,482.00 per month, not exceed
$65,784.00 for the year; and Sherwood will pay the County $1,527.00 per month, not to
exceed $18,324.00 for the year.
County shall issue monthly invoices to the Cities in the monthly amounts set forth
above. Invoices will issue starting July 1, 2022, or the date on which County identifies
having adequate staffing, and the last invoice shall issue on June 30, 2023. Each
invoice is payable within 30 days of receipt.
Cities shall mail or hand-deliver payments to Washington County Department of Health
and Human Services (HHS)Administration, Attn: Tara Mullin, 155 N. First Avenue,
Suite 160, MS 4A I Hillsboro, OR 97124. Time is of the essence for payments under this
Agreement.
Tualatin will reimburse Sherwood and Tigard for their payments under this agreement
using federal grant funds (the"Grant Funds"). Tualatin will disburse the Grant Funds
only as reimbursement for costs paid pursuant to this Agreement and upon receipt and
approval of Claims for Reimbursement(along with any required supplementary
documents) submitted by Sherwood and Tigard. Grant Funds shall not be used for
activities previously carried out with Tigard or Sherwood's own resources with no
declared intent to be reimbursed under this Agreement(supplanting).
Tualatin's obligation to disburse Grant Funds to is subject to the conditions precedent
that: (a) Tualatin has received funding, appropriations, limitations, allotments, or other
expenditure authority sufficient to allow Tualatin, in the exercise of its reasonable
administrative discretion, to make the reimbursement; (b) Tigard and Sherwood are in
compliance with the terms of this Agreement and no default under of this Agreement
has occurred or is occurring; and (c) Tualatin has received and approved the reports
and Claims for Reimbursement submitted by Tigard or Sherwood.
A Claim for Reimbursement must be submitted within ten (10) days of the end of the
calendar quarter in which expenses were incurred. Claims for Reimbursement may be
submitted as often as monthly but must be submitted at least quarterly. All Claims for
Reimbursement must be signed (or electronically 'signed/approved', if applicable) by an
authorized representative Sherwood or Tigard. The claim must include invoices and/or
receipts indicating proof of payment to the County.
Supervision and Discipline:
County is responsible for overall assignment of the Clinicians. However, Clinicians
remain Subcontractor employees and are independent contractors. Cities may provide
periodic feedback to County and the crisis services contractor about the work of the
Clinicians.
If there are discipline or performance issues regarding any Clinician, Cities shall contact the
Clinician's supervisor at the Subcontractor and County.
Reporting:
County is responsible for any required compliance on mandated reporting relating to
Clinicians, including workplace safety reports. However, Clinicians remain employees of
Subcontractors and County does not assume any legal obligations for reporting
employment matters.
Schedule:
County and subcontractor will coordinate with the three City Police Departments on a work
schedule for Clinicians.
Devices and Office Space:
Clinicians are paired with law enforcement officers assigned to MHRT. All law enforcement agencies
will provide a patrol car operated by that agency.
Law enforcement officers assigned to MHRT will have key card access to the Hawthorn Walk-In Center
and access to workspace and breakroom when needed. Law enforcement officers assigned to MHRT will
use other standard equipment issued by their respective employers, including but not limited to laptops
and cell phones.
Clinicians will be provided a computer and cellphone, collectively"Devices" by Subcontractor. Cities
will not have ownership of Devices and are not responsible for Devices' maintenance and repair or
replacement.
Tualatin PD shall provide Clinicians with office space, internet connectivity, desk, and chair at their
work location. The King City Police Department("King City PD")will supply a police radio, earpiece,
and Kevlar vest, collectively"Equipment." Equipment must be returned to King City PD on
separation from Clinician from MHRT.
Records:
Clinicians shall use Devices to create and store any records they generate relating to their
employment. County is responsible for retaining those records consistent with applicable privacy laws,
including HIPAA, and County's public records policy and retention schedule.
Clinicians will file clinical records in the Washington County Behavioral Health electronic medical
record system in a timely manner.
From time to time, Clinicians may need toaccess records from law enforcement systems to perform
their duties under this Agreement, but Clinicians may not modify records or create new records in
those law enforcement systems.
ATTACHMENT B - Subrecipient
Clauses required in non-Federal entity's contracts
Source: 2 CFR Part 200,Appendix II
And
COPS Grant Award
AUDIT CLAUSES
Subrecipient shall comply with the following applicable provisions below.
Audits/Costs
A. Recipients receiving federal funds in excess of$750,000 from all sources in the Recipient's fiscal year
are subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F.
Subrecipient, if subject to this requirement shall at Subrecipient's own expense submit to City of Tualatin
("City") a copy of, or electronic link to, its annual audit subject to this requirement covering the funds
expended under this Agreement and shall submit or cause to be submitted to City the annual audit of any
subrecipients(s), contractor(s), or subcontractor(s) of Subrecipient responsible for the financial
management of funds received under this Agreement.
B. Audit costs for audits not required in accordance with 2 CFR part 200, subpart F are unallowable. If
Subrecipient did not expend $750,000 or more in Federal funds in its fiscal year, but contracted with a
certified public accountant to perform and audit, costs for performance of that audit shall not be charged
to the grant.
C. Subrecipient shall save, protect and hold harmless City from the cost of any audits or special
investigations performed by the Federal awarding agency or any federal agency with respect to the
funds expended under this Agreement. Subrecipient acknowledges and agrees that any audit costs
incurred by Subrecipient as a result of allegations of fraud, waste or abuse are ineligible for
reimbursement under this or any other agreement between Subrecipient and the City.
Maintenance of Financial Records
Subrecipient must maintain auditable financial records per generally accepted accounting principles and
in accordance with OAR 309-013-0075 through 0220 and in sufficient detail to permit City,the State or
the Federal Government to verify how any payments received under this Agreement were expended.
Access to Records
Subrecipient agrees to permit a program reviewer or an auditor of the Federal, State, or City government or
their agents to have access to records and financial statements as may be necessary.Access to records by
the City or State may be with notice or without notice.Any refunds to or disallowances by the Federal
Government,the State, or the City resulting from audits shall be the sole responsibility of Subrecipient for
payment to the Federal Government, the State, or the City.
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Attachment B
Cast Principles
The parties agree to comply with any applicable cost principles established for determining the allowable
costs incurred as set forth in 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards), OR circulars superseded by 2 CFR 200 (OMB Circular A-87 (State and
Local Governments), OMB Circular A-122 (Nonprofit Organizations), OMB Circular A-21 (Institutions of
Higher Learning), 45 CFR Part 74 (Appendix E Hospitals), FAR 48 Subpart 31.2 (For profit Organizations).
The parties further agree to comply with, as applicable, the administrative standards for grants set forth in 2
CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards).
Financial Reports
Recipients determined to be subrecipients of Federal funds who receive Federal awards during the current
contract year from City shall provide City with a Financial Report prepared in accordance with generally
accepted accounting principles upon which an independent certified public accountant has expressed an
opinion. Such report shall account for funds received during the City's fiscal year, July 1 through June 30, or
any part of the City's fiscal year occurring during the term of this Agreement. The report must be submitted
within six months of the subrecipient's fiscal year end. If the subrecipient is unable to meet the deadline,they
may request, in writing, an extension of up to three months. Failure to provide City with the annual Financial
Report may result in withholding of payments due to the subrecipient or termination of this agreement. If the
subrecipient has a different fiscal year from the City, then the report shall account for funds received during the
subrecipient's fiscal year.
Expenditure Records
Subrecipient shall document the expenditure of all funds paid to subrecipient under this
Agreement. Unless applicable federal law requires subrecipient to utilize a different accounting
system, subrecipient shall create and maintain all expenditure records in accordance with
generally accepted accounting principles and in sufficient detail to permit City to verify how the
funds paid to subrecipient under this contract were expended.
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Attachment B
Clauses required in non-Federal entity's contracts
Source: 2 CFR Part 200,Appendix II
Subrecipient shall comply with all applicable provisions below.
(A)Administrative, contractual, or legal remedies are addressed in the Intergovernmental Agreement
(Sections 6, 8, 9, and 10) as well as other applicable provisions in the Agreement and Attachments
(B) Termination provisions are addressed in the Intergovernmental Agreement(Section 6).
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part
60, "Office of Federal Opportunity,"and implementing regulations at 41 CFR part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). If required by the federal funding source
and if this Agreement is a prime construction contract in excess of$2,000, subrecipient shall
comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5 "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). If this section applies,
subrecipient must pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, subrecipient must
pay wages not less than once a week. The decision to award the grant to subrecipient is conditioned
upon the acceptance of any applicable wage determination. If applicable, subrecipient must accept
the wage determination. If applicable, City will report all suspected or reported violations by
subrecipient to the Federal awarding agency. If applicable, subrecipient must comply with the
Copeland"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. If applicable, City will report all suspected or reported
violations by Recipient to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708). If the amount of this
contract exceeds $100,000 and involves the employment of mechanics or laborers subrecipient shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, if applicable, subrecipient shall compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
3
Attachment B
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the funding for this Contract
meets the definition of"funding agreement" under 37 CFR 401.2(a)and Contract is a small
business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under this Agreement, subrecipient
must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the federal awarding agency.
(G)Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387). If the amount of this contract exceeds $150,000 subecipient shall comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations
shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency(EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689). Subrecipient certifies that it
is not debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180
(Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ
Nonprocurement Debarment and Suspension).
(I) 2 CFR Section 200.322 Procurement of recovered materials. Subrecipient must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
(J) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)By signing this Agreement,the
Subrecipient certifies,to the best of the Subrecipient's knowledge and belief that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of subrecipient,to
any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
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Attachment B
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any federal contract, grant, loan
or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan or cooperative agreement, the subrecipient shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance
with its instructions.
3. The subrecipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall
certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this
Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by section 1352, Title 31 of the U.S. Code.Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
5. No part of any federal funds paid to subrecipient under this Agreement shall be used, other than
for normal and recognized executive legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution before the United States Congress or any State or local
legislature itself, or designed to support or defeat any proposed or pending regulation,
administrative action, or order issued by the executive branch of any State or local government.
6. No part of any federal funds paid to subrecipient under this Agreement shall be used to pay the
salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to
any activity designed to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive Order proposed or pending before the United States Congress
or any State government, State legislature or local legislature or legislative body, other than for
normal and recognized executive-legislative relationships or participation by an agency or officer
of a State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
7. The prohibitions in subsections 5 and 6 of this section shall include any activity increase, or any
proposed, pending, or future requirement or restriction on any legal consumer product, including
its sale or marketing, including but not limited to the advocacy or promotion of gun control.
8. No part of any federal funds paid to sburecipient under this Agreement may be used for any
activity that promotes the legalization of any drug or other substance included in schedule I of the
schedules of controlled substances established under section 202 of the Controlled Substances Act
except for normal and recognized executive congressional communications. This limitation shall
not apply when there is significant medical evidence of a therapeutic advantage to the use of such
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Attachment B
drug or other substance or that federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Clauses Required by COPS Funding Award
(A)Conflict of Interest. Subrecipients agrees to disclose in writing to the City any potential conflict of
interest affecting the awarded federal funding in 2 C.F.R. § 200.112.
(B)Award Monitoring Activities. Federal law requires that recipients receiving federal funding from the
COPS Office must be monitored to ensure compliance with their award conditions and other applicable
statutes and regulations. The COPS Office is also interested in tracking the progress of their programs
and the advancement of community policing. Both aspects of award implementation—compliance and
programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of
Justice.Award monitoring activities conducted by the COPS Office include site visits, office-based grant
reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As
a COPS Office award subrecipient, you agree to cooperate with and respond to any requests for
information pertaining to the award providing funding under this Agreement. This includes all financial
records, such as general accounting ledgers and all supporting documents.All information pertinent to
the implementation of the award is subject to agency review throughout the life of the award, during the
close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. §
10385(a) and 2 C.F.R. §§ 200.334 and 200.337.
(C)Duplicative Funding. Subrecipient understands and agrees to notify the City if it receives, from any
other source, funding for the same item or service also funded under the award providing funding under
this Agreement.
(D)Termination. Subrecipient understands and agrees that the COPS Office may terminate funding, in
whole or in part, for the following reasons
(1) When the recipient fails to comply with the terms and conditions of a Federal award.
(2) When an award no longer effectuates the program goals or agency priorities, to the extent such
termination is authorized by law.
(3)When the recipient agrees to the termination and termination conditions.
(4) When the recipient provides the COPS Office written notification requesting termination including
the reasons, effective date, and the portion of the award to be terminated. The COPS Office may
terminate the entire award if the remaining portion will not accomplish the purposes of the award.
(5)Pursuant to any other termination provisions included in the award.
2. C.F.R. § 200.340.
(E)Award Owner's Manual. Subrecipient agrees to comply with the terms and conditions in the applicable
2021 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute
(34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School
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Attachment B
Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200
(Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as
adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as
applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable;
representations made in the application; and all other applicable program requirements, laws, orders,
regulations, or circulars.
(F)Federal Civil Rights. Subrecipient understands that the federal statutes and regulations applicable to the
award funding this Agreement(if any)made by the Department of Justice based on the City's application
specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in
addition—a. the subrecipient understands that the applicable statutes pertaining to civil rights will
include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20
U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b.the
subrecipient understands that the applicable statutes pertaining to nondiscrimination may include section
809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c));
section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b)of the
Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant
condition set out at section 40002(b)(13)of the Violence Against Women Act (34 U.S.C.
§ 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also
may apply to an award made otherwise; c. the subrecipient understands that it must require any of its
subrecipient or subcontractors to comply with all such applicable statutes (and associated regulations);
and d. on behalf of the subrecipient, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and
42.204. Subrecipient further understands that(in addition to any applicable program-specific regulations
and to applicable federal regulations that pertain to civil rights and nondiscrimination)the federal
regulations applicable to the award funding this Agreement(if any)made by the Department of Justice
based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200
Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality -research and statistical information),
23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in
federal financial assistance programs), and 46 (human subjects protection).
(G)Mandatory Disclosure. Subrecipient agrees to timely disclose in writing to the City all federal criminal
law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal
funding. Subrecipients that receive an award over$500,000 must also report certain civil, criminal, or
administrative proceedings in SAM and are required to comply with the Term and Condition for
Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200.
Failure to make required disclosures can result in any of the remedies, including suspension and
debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
7
Attachment B
(H)False Statements. Subrecipient acknowledges that false statements or claims made in connection with
COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards
or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
(I) Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information.
Subrecipient agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal
for the employee disclosing information that they reasonably believe is evidence of gross
mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority
relating to a federal contract or award, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal contract(including the competition for or
negotiation of a contract) or award. Subrecipient also agrees to provide to their employees in writing(in
the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C.
§ 4712.
(,n Unique Entity Identifier. Subrecipient understands and acknowledges that it is not eligible to receive
funding under this Agreement until it has provided City with its Unique Entity Identifier. A Unique
Entity Identifier means the identifier assigned by System for Award Management(SAM)to uniquely
identify business entities.
(K)Reporting of Executive Compensation. Unless otherwise exempted in the award funding this
Agreement, subrecipient agrees to report the names and total compensation of each of the subrecipient's
five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the
subrecipient's preceding fiscal year, the subrecipient received: (i) 80 percent or more of its annual gross
revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (ii) $25,000,000 or more in
annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards). You must report subrecipient executive total
compensation described above by the end of the month during which you receive the subaward.
(L)Equal Employment Opportunity Plan (EEOP). Subrecipients must comply with the federal
regulations pertaining to the development and implementation of an Equal Employment Opportunity
Plan. 28 C.F.R. Part 42 subpart E.
(M) Reports/Performance Goals. To assist the COPS Office in monitoring and tracking the performance
of the award funding this Agreement, subrecipient agrees to provide City with any information needed in
order for City to submit semi-annual programmatic progress reports that describe project activities during
the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R.
§§ 200.328 -200.329. The progress report is used to track City's and subrecipient's progress toward
implementing community policing strategies and to collect data to gauge the effectiveness of increasing
City's and subrecipient's community policing capacity through COPS Office funding. The Federal
8
Attachment B
Financial Report is used to track the expenditures of the City's award funds on a cumulative basis
throughout the life of the award.
(N) Restrictions on Internal Confidentiality Agreements. Subrecipient as well as any entity that receives
a contract or subcontract from subrecipient paid for with any funds under the award funding this
Agreement, may not require any employee or contractor to sign an internal confidentiality agreement or
statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an
investigative or law enforcement representative of a federal department or agency authorized to receive
such information. Consolidated Appropriations Act, 2021, Public Law 116-260, Division E, Title VII,
Section 742.
(0) Employment Eligibility. Subrecipient agrees to complete and keep on file, as appropriate, the
Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS)Employment
Eligibility Verification Form (I-9). This form is to be used by subrecipients of federal funds to verify that
persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA),
Public Law 99-603.
(P) Additional High-Risk Recipient Requirements. Subrecipient agrees to comply with any additional
requirements that may be imposed during the award performance period if the awarding agency
determines that the recipient or subrecipient is a high-risk recipient. 2 C.F.R. § 200.208.
(Q) Domestic preferences for procurements. Subrecipient agrees that it, to the greatest extent practicable,
will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced
in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring
the Future is Made in All of America by All of America's Workers, January 25, 2021.
(R) News Media: Subrecipient agrees to comply with the COPS Office policy on contact with the news
media. The policy establishes the COPS Office Communications Division as the principal point of
contact for the news media for issues relevant to the COPS Office or parameters of the award funding
this Agreement. Subrecipient agrees to refer all media inquiries on these topics directly to the COPS
Office Communications Division at 202-514-9079.
(S) Public Release Information. Subrecipient agrees to submit one copy of all reports and proposed
publications resulting from the award funding this Agreement one hundred and twenty(120) days prior
to public release so that City may submit such report or publication to the COPS Office at least ninety
(90) days prior to public release. Any publications (written, curricula, visual, sound, or websites) or
computer programs, whether or not published at government expense, shall contain the following
statement: "This project was supported, in whole or in part, by federal award number 15JCOPS-2I-GG-
02314-SPPS awarded to the City of Tualatin by the U.S. Department of Justice, Office of Community
Oriented Policing Services. The opinions contained herein are those of the author(s) or contributor(s) and
do not necessarily represent the official position or policies of the U.S. Department of Justice. References
9
Attachment B
to specific individuals, agencies, companies, products, or services should not be considered an
endorsement by the author(s), contributor(s), or the U.S. Department of Justice. Rather, the references
are illustrations to supplement discussion of the issues."
(T) Supplementing, not Supplanting. Subrecipient must use award funds to supplement, and not supplant,
funds that are already committed or otherwise would have been committed for award purposes(hiring,
training, purchases, and/or activities) during the award period. In other words, subrecipient may not use
COPS Office funds to supplant(replace) its own funds that would have been dedicated to the COPS
Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
(U) Computer Network Requirement. Subrecipient understands and agrees that no award funds may be
used to maintain or establish a computer network unless such network blocks the viewing, downloading,
and exchanging of pornography.Nothing in this requirement limits the use of funds necessary for any
federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities. Consolidated Appropriations Act, 2021, Public
Law 116-260, Division B, Title V, Section 527.
(V) Evaluations. Subrecipient acknowledges and understands that the COPS Office may conduct
monitoring or sponsor national evaluations of its award programs. Subrecipient agrees to cooperate with
the monitors and evaluators. 34 U.S.C. § 10385(b).
(W)Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
Subrecipient agrees that it will not use award funds to extend, renew, or enter into any contract to
procure or obtain any covered telecommunication and video surveillance services or equipment as
described in 2 CFR §200.216. Covered services and equipment include telecommunications or video
surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary
or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to
be an entity owned or controlled by, or otherwise connected to, the government of China. The use of
award funds on covered telecommunications or video surveillance services or equipment are
unallowable. 2. C.F.R. § § 200.216 &471. See also Section 889 of the John S. McCain National Defense
Authorization Act of Fiscal Year 2019, Public Law 115-232
10
Attachment B
1. CFDA Number:
CFDA Name:
Amount $
2. Federal Award Identification:
L Subrecipient name (must match DUNS name):
ii. Subrecipient DUNS number:
iii. Federal Award Identification Number (FAIN):
iv. Federal Award Date:
V. Sub-Award Period of Performance Start/End Dates: From: To:
vi. Total Amount of Federal Funds Obligated by $
this Agreement:
vii. Total Amount of Federal Award Obligated to $
the Subrecipient by the pass-through Entity:
viii. Total Amount of Federal Award Committed to $
the Subrecipient by the pass-through Entity:
ix. Federal Award Project Description: MHRT Program Funding
X. Name of Federal Awarding Agency, pass-through Entity, and contact information for awarding
official of the pass-through entity:
a. Name of Federal Awarding Agency: US Dept. of Justice COPS Program
b. Name of pass-through Entity: City of Tualatin, OR
c. Contact information for awarding official of the pass-through Entity:
xi. City of Tualatin Program Name: MHRT Program
xii. Is Award R&D? NO YES
xiii. Indirect Cost Rate for Federal Award: %
11
Bindc. rl
Final Audit Report 2022-08-03
Created: 2022-07-28
By: Nicole Moms(nmorris@tualatin.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAg05s6EgOb5u727jriDeUSJTrL2FtydYX
"Binderl" History
Document created by Nicole Morris (nmorris@tualatin.gov)
2022-07-28-3:29:04 PM GMT-IP address:208.71.205.225
Document emailed to jay_auslander@co.washington.or.us for signature
2022-07-28-3:30:54 PM GMT
Email viewed by jay_auslander@co.washington.or.us
2022-07-28-3:45:36 PM GMT-IP address:204.147.152.5
Document signing delegated to Marni_Kuyl@co.washington.or.us by jay_auslander@co.washington.or.us
2022-07-28-4:19:55 PM GMT-IP address:204.147.152.5
Document emailed to Marni_Kuyl@co.washington.or.us for signature
2022-07-28-4:19:55 PM GMT
Email viewed by Marni_Kuyl@co.washington.or.us
2022-07-30-6:03:27 AM GMT-IP address:172.226.40.13
Signer Marni_Kuyl@co.washington.or.us entered name at signing as Marni Kuyl
2022-08-01 -3:22:51 PM GMT-IP address:204.147.152.15
cin Document e-signed by Marni Kuyl (Marni_Kuyl@co.washington.or.us)
Signature Date:2022-08-01 -3:22:54 PM GMT-Time Source:server-IP address:204.147.152.15
Ni
IY Document emailed to Ty Hanlon (hanlont@sherwoodoregon.gov)for signature
2022-08-01 -3:22:56 PM GMT
Email viewed by Ty Hanlon (hanlont@sherwoodoregon.gov)
2022-08-01-3:39:50 PM GMT-IP address:206.204.32.20
Email viewed by Ty Hanlon (hanlont@sherwoodoregon.gov)
2022-08-03-3:53:59 PM GMT-IP address:203.78.170.4
Adobe Acrobat Sign
Signer Ty Hanlon (hanlont@sherwoodoregon.gov) entered name at signing as Keith D. Campbell
2022-08-03-4:16:08 PM GMT-IP address:192.65.141.36
Document e-signed by Keith D. Campbell (hanlont@sherwoodoregon.gov)
Signature Date:2022-08-03-4:16:10 PM GMT-Time Source:server-IP address:192.65.141.36
CY Document emailed to stever@tigard-or.gov for signature
2022-08-03-4:16:12 PM GMT
Email viewed b stever ti and-or. ov
Y @ 9 9
2022-08-03-4:17:30 PM GMT-IP address:104.47.65.254
Signer stever@tigard-or.gov entered name at signing as Steve Rymer
2022-08-03-4:19:50 PM GMT-IP address:208.71.205.129
i`.) Document e-signed by Steve Rymer(stever@tigard-or.gov)
Signature Date:2022-08-03-4:19:52 PM GMT-Time Source:server-IP address:208.71.205.129
Document emailed to slombos@tualatin.gov for signature
2022-08-03-4:19:54 PM GMT
Email viewed by slombos@tualatin.gov
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'.; Signer slombos@tualatin.gov entered name at signing as Sherilyn Lombos
2022-08-03-6:48:22 PM GMT-IP address:208.71.205.225
Document e-signed by Sherilyn Lombos (slombos@tualatin.gov)
Signature Date:2022-08-03-6:48:24 PM GMT-Time Source:server-IP address:208.71.205.225
Q Agreement completed.
2022-08-03-6:48:24 PM GMT
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