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Tigard IPEP IGA City of Portland and City of Tigard – FY 2021 USDOJ grant ~ IG214009 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 INTERGOVERNMENTAL AGREEMENT City of Tigard, Oregon This INTERGOVERNMENTAL AGREEMENT ("Agreement"), effective November 1, 2022 ("Effective Date"), is between the City of Portland, Oregon, hereafter referred to as"CITY" and the City of Tigard, Oregon, hereafter referred to as"SUBRECIPIENT." CITY and SUBRECIPIENT may be referred jointly in this Agreement as the"Parties"and individually as a "Party." RECITALS: 1. WHEREAS, CITY, as applicant and fiscal agent, is the recipient of U.S. Department of Justice (USDOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) FY 2021 Intellectual Property Enforcement Program (IPEP)grant funds($400,000) and CITY wishes to enter into this Agreement with SUBRECIPIENT, utilizing these federal funds; 2. WHEREAS, the Parties have authority to cooperate for any lawful purpose with each other by means of an Agreement according to ORS 190.110 et seq. to enter into an Agreement to perform any lawful purpose; 3. WHEREAS, separate Agreements will be executed with Multnomah County, Washington County, the City of Beaverton, the City of Woodburn, and SUBRECIPIENT in order to obligate agency roles and responsibilities; 4. WHEREAS, the purpose of this Agreement is to address payment of$20,000 to SUBRECIPIENT as a subawardee of FY 2021 IPEP grant, FAIN # 15PBJA-21-GG-02816-INTE; 5. WHEREAS, Ordinance 190630, executed December 8, 2021 authorizes the Chief of Police to execute Agreement with SUBRECIPIENT for the award and distribution of USDOJ grant funds; and 6. WHEREAS, CITY and SUBRECIPIENT desire to enter into this Agreement. A. Background In 2015, the Portland Police Bureau established an Intellectual Property Task Force with partners in the greater Portland Metro area with the intention of the investigation and prosecution of intellectual property crimes. The Task Force has since grown to include 4 law enforcement agencies, 2 offices of the district attorney, and federal partners. To facilitate and expand upon the work of the Task Force, the Portland Police Bureau applied for and was awarded the Intellectual Property Theft Enforcement Program (IPEP) FY 2021 grant through the USDOJ, OJP, BJA. BJA manages IPEP in coordination with the Department of Justice's Computer Crime and Intellectual Property Section and Task Force on Intellectual Property. This program is designed to build the capacity of state and local criminal justice systems to address criminal IP enforcement through increased prosecution, prevention, training, and technical assistance availability. Further details on the Federal program may be found at: Intellectual Property Theft Enforcement Program (IPEP) I Overview ) COP Ordinance# 190630 12/8/2021 1 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 The following Appendix and Exhibits are attached and incorporated into this Agreement for reference. Exhibit A: Scope of Work Exhibit B: Performance Measurement and Progress Reporting Guidance Exhibit C: Federal Requirements and Certifications (including Parts 1-4)—to be signed by SUBRECIPIENT Exhibit D: Information Required by 2 CRF 200.332 Exhibit E: SUBRECIPIENT Insurance Requirements B. Effective Date and Duration The effective date of this Agreement is February 1, 2022, ("Effective Date"), and shall remain in effect until, and including, September 30, 2023, ("Expiration Date") unless terminated or extended as provided in this Agreement. Expenses incurred between February 1, 2022 and September 30, 2023, so long as the expenses are incurred pursuant to the performance of the Scope of Work as described in Exhibit A and compliant with 2 CFR 200. C. Scope of Work SUBRECIPIENT shall provide all services and materials specified in Exhibit A ("Scope of Work"), which is incorporated into this Agreement by this reference as if set forth in full. SUBRECIPIENT shall provide all services and materials in a competent and professional manner in accordance the Scope of Work. D. Compensation The total Agreement amount is $20,000. SUBRECIPIENT match is not required under this subaward. E. Project Manager Each party has designated a project manager to be the formal representative for this project. All reports, notices, and other communications required under or relating to this Agreement shall be directed to the appropriate individual identified below. The City program manager is authorized to approve work and billing hereunder, to give notices referred to herein, to terminate the Agreement as provided herein, and to approve all changes except those that increase the total Agreement amount. Portland Police Bureau Subrecipient Cheryl Waddell, IPEP Program Manager Sgt Luis Rivera 503-793-6796 503-718-2805 cheryl.waddell@police.portlandoregon.gov Luis.rivera@tigard-or.gov Kirsti Smouse, Grants Analyst Lisa Shaw 971-940-3094 503-718-2554 kirsti.smouse@police.portlandoregon.gov Lisa.shaw@tigard-or.gov Unit Inbox for invoices and documents inboxppbgrants@police.portlandoregon.gov COP Ordinance# 190630 12/8/2021 2 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 F. Reimbursement 1. CITY will reimburse SUBRECIPIENT its eligible costs incurred in carrying out the project as identified in this Agreement not to exceed $20,000. All invoice payments are conditional upon presentation of properly documented reimbursement requests. Requests for Reimbursement (RFR)shall be submitted on or before 30 days following the end of the Federal fiscal year quarters (January, April, July, and October). Final RFR shall be submitted no later than 30 days following the end of the grant. Reimbursements for expenses will be withheld if required reporting obligations established by the USDOJ OJP are not submitted by the dates as listed in Exhibit B. 2. Qualified costs are direct and indirect (if applicable) project costs, incurred by the SUBRECIPIENT and personal services contractor(s)during the term of this Agreement that are eligible for federal funds. CITY will reimburse SUBRECIPIENT for qualified costs for work described in Exhibit A and the following: a. 2 CFR 200 - Uniform Guidance 3. Reimbursement requests shall display one hundred percent (100%)of the total project costs incurred during the period of the reimbursement. All costs must be documented and supported in accordance with 2 CFR 200— Uniform Guidance. Such back-up documentation shall include, but not limited to: Properly executed payrolls and time records to support administrative costs, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. If CITY requests documentation, including without limitation copies of receipts for expenditures, timesheets, or system- generated accounting reports documenting the actual expense, CITY must receive the documentation before it will make a payment. In addition, CITY may require a more detailed budget breakdown, and SUBRECIPIENT shall provide the supplementary budget information in a timely manner in the form and content prescribed by CITY. Any amendments to the budget must be approved in writing by CITY, SUBRECIPIENT, and the Federal Awarding Agency, if required G. Recovery of Grant Funds SUBRECIPIENT shall return to CITY, within (fifteen) 15 days after CITY's written request, any funds disbursed to SUBRECIPIENT under this Contract that, in CITY's sole judgment, are spent in violation of the provisions of this Agreement or that remain unspent upon termination or expiration of this Agreement. H. Universal Identifier and Agreement Status SUBRECIPIENT shall register in the System for Award Management(SAM)for a Unique Entity Identifier (UEI)as required for receipt of funding. In addition, SUBRECIPIENT shall maintain an active registration in the Central Contractor Registration database located at www.sam.gov. I. Procurement SUBRECIPIENT may enter into procurement contracts or subawards with next tier entities as permitted in their award agreement with the City. When acting in this capacity, the entity is considered to be a pass- through entity (PTE)as defined in Federal Uniform Guidance (2 CFR 200). SUBRECIPIENT next tier award actions must comply with 2 CFR 200 in general, as well as specifically 2 CFR 200.331 Subrecipient and Contractor Determinations. COP Ordinance# 190630 12/8/2021 3 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 1. SUBRECIPIENT SUBRECIPIENT entering into a subaward using any Federal funds shall comply with all applicable Federal and state laws and their own subrecipient policy. It should be specifically noted that subrecipients shall comply with all applicable PTE requirements for subrecipient management and monitoring as described in 2 CFR 200.332. 2. CONTRACTOR SUBRECIPIENT entering into a contract using any Federal funds shall comply with all applicable procurement procedures and regulations, including applicable federal and state laws and their own procurement policy. It should be specifically noted that subrecipients shall comply with all applicable procurement related standards found at 2 CFR Part 200.318 -200.327. J. Records Maintenance—Access 1. SUBRECIPIENT shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles ("GAAP") and 2 CFR 200. In addition, SUBRECIPIENT shall maintain any other records pertinent to this Agreement in such a manner as to clearly document SUBRECIPIENT's performance. 2. SUBRECIPIENT acknowledges and agrees that CITY, the Federal Awarding Agency, the Comptroller General of the United States or their duly authorized representatives shall have access to such fiscal records and other books, documents, timesheets, papers, plans and writings of SUBRECIPIENT that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. 3. SUBRECIPIENT shall retain and keep accessible all such fiscal records, books, documents, timesheets, papers, plans, and writings for a minimum of five (5)years, or such longer period as may be required by applicable law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. K. Audits If SUBRECIPIENT expends$750,000 or more in federal funds (from all sources) in its fiscal year SUBRECIPIENT shall have a single organization-wide audit conducted in accordance with provisions of 2 CFR 200 Subpart F. A copy of or link to the audit shall be submitted to CITY within thirty (30)days of completion. L. Lobbying SUBRECIPIENT certifies that none of the federal funds provided under this Agreement will be used to pay any person to influence or attempt to influence an officer or employee of any agency, Member of Congress, or an officer or employee of Congress in connection with any federal action concerning the award or renewal. COP Ordinance# 190630 12/8/2021 4 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 M. Mandatory Disclosures SUBRECIPIENT must immediately notify CITY in writing of all violations of local, state, and federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the funds under this Agreement as provided in 2 CFR 200.113. N. Termination 1. Termination by Failure to Receive Funding. CITY may terminate this Agreement if fails to receive funding, appropriations, limitations, or other expenditure authority sufficient to allow CITY, in the exercise of its reasonable administrative discretion, to continue to make payments for the performance of this Agreement; or, federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the project is no longer allowable or nor longer eligible for funding under this Agreement. 2. Cause for Termination; Cure. It shall be a material breach and cause for termination of this Agreement if SUBRECIPIENT uses grant funds outside of the scope of this Agreement, or if SUBRECIPIENT fails to comply with any other term or condition or to perform any obligations under this Agreement within thirty (30)days after written notice from CITY. If the breach is of such nature that it cannot be completely remedied within the thirty(30) days cure period, SUBRECIPIENT shall commence cure within the thirty(30) days, notify CITY of SUBRECIPIENT's steps for cure and estimate time table for full correction and compliance, proceed with diligence and good faith to correct any failure or noncompliance, and obtain written consent from CITY for a reasonable extension of the cure period. 3. No Payment or Further Services Authorized During Cure Period. During the cure period, CITY is under no obligation to continue providing additional grant funds notwithstanding any payment schedule indicated in this Agreement. SUBRECIPIENT shall not perform services or take actions that would require CITY to pay additional grant funds to SUBRECIPIENT. SUBRECIPIENT shall not spend unused grant funds and such unused funds shall be deemed held in trust for CITY. SUBRECIPIENT shall be solely responsible for any expenses associated with cure of its noncompliance or failure to perform. 4. Termination for Cause. Termination for cause based on SUBRECIPIENT's misuse of grant funds shall be effective upon notice of termination. Termination for cause based on failure to comply or perform other obligations shall be effective at the end of the thirty (30) days period unless a written extension of cure period is granted by CITY. SUBRECIPIENT shall return all grant funds that had not been expended as of the date of the termination notice. All finished or unfinished documents, data, studies, and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of CITY, become the property of CITY; and SUBRECIPIENT may be entitled to receive just and equitable compensation for any satisfactory work completed on such documents up until the time of notice of termination, in a sum not to exceed the grant funds already expended. 5. Penalty for Termination for Cause. If this Agreement is terminated for cause, SUBRECIPIENT shall repay all grant funds tendered under this Agreement, and CITY, in its sole discretion, may decline to approve or award future grant funding requests to SUBRECIPIENT. 6. Termination by Agreement or for Convenience of CITY. CITY and SUBRECIPIENT may terminate this Agreement at any time by mutual written contract. Alternatively, CITY may, upon thirty(30)days written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. If the Agreement is terminated as provided in this paragraph, SUBRECIPIENT shall return any unspent COP Ordinance# 190630 12/8/2021 5 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 grant funds after the effective date of termination. Unless the Parties agree otherwise, SUBRECIPIENT shall finish any work and services covered by any grant funds already paid and shall not commence any new work or services which would require payment from any unused grant funds. CITY shall not be liable for indirect or consequential damages. Termination by CITY shall not waive any claim or remedies it may have against SUBRECIPIENT. 0. Hold Harmless 1. SUBRECIPIENT shall hold harmless, defend, and indemnify CITY, and its officers, agents and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising from actions or omissions of SUBRECIPIENT and its contractors in the performance of this Agreement. 2. The obligations of Oregon public bodies, as defined by ORS 30.260(4), under this section are limited subject to the Oregon Constitution and the Oregon Tort Claims Act(ORS 30.260 to 30.300). P. Independent Contractor Status 1. SUBRECIPIENT shall be an independent Contractor for all purposes and shall be entitled only to the compensation provided in this Agreement. Under no circumstances shall SUBRECIPIENT be considered an employee of the CITY. 2. SUBRECIPIENT shall provide all tools or equipment necessary to carry out this Agreement, and shall exercise complete control in achieving the results specified in the Scope of Work (FY 2020 JAG Application). 3. SUBRECIPIENT is solely responsible for its performance under this Agreement and the quality of its work; for obtaining and maintaining all licenses and certifications necessary to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses necessary to complete the work except as otherwise specified in the Scope of Work; and for meeting all other requirements of law in carrying out this Agreement. Q. Choice of Law The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement shall be governed by the laws of the State of Oregon and shall be conducted in the Circuit Court of the State of Oregon for Multnomah County, or, if jurisdiction is proper, in the U.S. District Court for the District of Oregon. R. No Waiver of Claims The failure to enforce any provision of this Agreement shall not constitute a waiver by CITY of that or any other provision. S. Modification Notwithstanding and succeeding any and all prior agreements or practices, this Agreement constitutes the entire Agreement between the parties, and may only be expressly modified in writing, signed by both parties. COP Ordinance# 190630 12/8/2021 6 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC COP Contract#30008091 FAIN# 15PBJA-21-GG-02816-INTE Assistance Listing# 16.752 T. Severability If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law. U. Third Party Beneficiaries There are not third-party beneficiaries to this Agreement and may only be enforced by Parties. SUBRECIPIENT, BY EXECUTION OF THIS AGREEMENT, ACKNOWLEDGES THAT SUBRECIPIENT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CITY OF TIGARD, OREGON CITY OF PORTLAND, OREGON Charles Digitally signed by �Doeseea by: Charles Lovell Ill gum- wW Lovell III 114:4749-0700'6 ''.7—DCC791FC1C144DF Steve Kymer, City Manager Charles Lovell III, Chief of Police 3/23/2023 Date: Date: Approved as to form: Approved as to form: �Docusened ny: SIS,P 10.- '.-395F3,1F21B24F8.. City of Tigard Legal Counsel lty of Portland Attorney Date: 3/24/2023 Date: 4.5.23 COP Ordinance# 190630 12/8/2021 7 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit A: Scope of Work Intellectual Property Enforcement Program 2021 The City of Tigard agrees to: 1. Collaborate with Task Force to develop training for other law enforcement agencies 2. Conduct missions/investigations related to IP crime 3. Educate the community regarding IPC crime by participating in outreach events; posting links to IPR, US Chamber of Commerce, IPR Center, and IACC on agency's website; and post links to Task Force website on agency's social media accounts 4. Provide quarterly and semi-annual programmatic reports by the deadlines as established in Exhibit B 5. Provide documentation upon request from PPB demonstrating compliance with all of the applicable Federal civil rights laws, including having an EEOP in place, reporting Findings of Discrimination, and providing language services to LEP persons. 8 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit B: Office of Justice Programs, Bureau of Justice Assistance Performance Measurement and Progress Reporting Guidance To demonstrate program progress and success—and to assist the Bureau of Justice Assistance (BJA) with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62; the GPRA Modernization Act of 2010, Public Law 111-352; and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200.328—awardees and subawardees that receive funding from BJA must provide regular performance data that measure the results of the work done under the solicitation. Subrecipient agrees to submit no less frequently than quarterly, BJA Performance Measurement requirements through BJA's Performance Measurement Tool (PMT). The Semi-Annual Narrative report is to be submitted directly to the Portland Police Bureau (PPB) Project Manager or their designee. Subrecipient also agrees to submit a final cumulative Narrative report to PPB. The applicable Performance Measures (PM)will be discussed and verified with PPB at the time of award. PPB will provide PMT guidance and complete quarterly reviews of submitted reports. Reporting Schedule Reporting Period Content "Sue to PPB Due to PMT October 1 - December 31 Performance Measures &Semi-Annual January 15 January 20 Narrative January 1 - March 31 Performance Measures April 15 April 20 April 1 - June 30 Performance Measures & Semi-Annual July 15 July 20 Narrative July 1 - September 30 Performance Measures October 15 October 20 Closeout Final Narrative October 15 October 20 Links to Office of Justice Programs (OJP), BJA Performance Measurements and Progress Reporting guidance: Performance Measures I Overview I Bureau of Justice Assistance (oip.gov) Specific program PM templates: Performance Measures 1 BJA Program Performance Measures I Bureau of Justice Assistance (ojp.gov) Additional online resources: BJA Performance Measurement Reporting Systems Training 20211 Bureau of Justice Assistance (oip.dov) Performance Measures I Data Collection Methods and Logic Models I Bureau of Justice Assistance (oip.gov) OJP Grants Financial Guide 1 III. Postaward Requirements I Office of Justice Programs 9 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit C: Federal Requirements and Certifications Part 1 Compliance with Applicable Law and Regulations. a. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 CFR Part 25 and pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 CFR Part 170, pursuant to which the award term set forth in Appendix A to 2 CFR Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR Part 180 (including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 CFR Part 180,subpart B)that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 CFR Part 200,Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 CFR Part 20. vii. New Restrictions on Lobbying, 31 CFR Part 21. viii. Generally applicable federal environment laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation,the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 CFR Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),which prohibits discrimination in housing on the basis of race,color, national origin, sex,familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receivingor benefitting from federal assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 CFR Part 23,which prohibit discriminationon the basis of age in programs or activities receiving federal financial assistance. v. The Americans with Disabilities Act of 1990,as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant,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 grant. 10 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress. ii. An Inspector General. iii. The Government Accountability Office. iv. A Treasury employee responsible for contract or grant oversight or management. v. An authorized official of the Department of Justice or other law enforcement agency. vi. A court or grand jury. vii. A management official or other employee of Recipient, contractor, or subcontractorwho has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Subrecipient agrees to establish data privacy and security requirements as required by Section 501(g)(4). False Statements. Subrecipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Publications.Any publications produced with funds from this award must display the following language:"This project [is being] [was]supported, in whole or in part, by federal award number[enter project FAIN]awarded to [name of Recipient]by the U.S.Department of the Treasury." Hatch Act. Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501- 1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 11 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit C: Federal Requirements and Certifications Part 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTION This certification is required by the regulations implementing Executive Order 12549 and 12689, 2 CFR part 180. By signing and submitting this Agreement, the Subrecipient, City of Tigard, certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Portland. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to remedies available to City of Portland, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Subrecipient agrees to comply with the requirements throughout the period of this Agreement. The Subrecipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. CITY OF TIGARD, OREGON moo 5,aedbY: 3/23/2023 —`—occ791Fc1c144DF_. Signature of Subrecipient's Authorized Official Date City Manager Steve Rymer Title Name(Printed) 12 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit C: Federal Requirements and Certifications Part 3 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned Subrecipient certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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 making lobbying contacts to 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 undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documentsfor all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or failsto file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such expenditure or failure. The Subrecipient, City of Tigard, certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Subrecipient understands andagrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. CITY OF TIGARD, OREGON moo 5aedbY: 3/23/2023 `-DCC791FC1C144DF_. Signature of Subrecipient's Authorized Official Date City Manager Steve Rymer Title Name (Printed) 13 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit C: Federal Requirements and Certifications Part 4 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS As a condition of receipt of federal financial assistance from the Office of Justice Programs (OJP), Department of Justice (DOJ), the recipient named below (hereinafter referred to as the"Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 14 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub- grantees, contractors, subcontractors, successors, transferees, and assignees: The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on- site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of noncompliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. 15 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Under penalty of perjury, the undersigned official(s)certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. CITY OF TIGARD, OREGON �oo`S,aed bY: 3/23/2023 Shy rrtx `-DCC791FC1C1440F_. Signature of Subrecipient's Authorized Official Date City Manager Steve Rymer Title Name(Printed) 16 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit D: Subrecipient Information Required by 2 CFR 200.332 Federal Award Identification: 1. Subrecipient name (which must match the name associated with its unique entity identifier): City of Tigard 2. Subrecipient's Unique Entity Identifier(UEI): ML1NGLL5RZ56 3. Federal Award Identification Number(FAIN): 15PBJA-21-GG-02816-INTE 4. Federal Award Date: 10/1/2021 5. Sub-award Period of Performance: 2/1/2022-9/30/2023 6. Subaward Budget Period: 2/1/2022-9/30/2023 7. Amount of Federal Funds Obligated by this Agreement: $20,000 8. Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity including this Agreement: $20,000 9. Total Amount of Federal Award committed to the Subrecipient by the pass-through entity: $20,000 10. Federal award project description: In October 2011, the Portland Police Bureau (PPB)was awarded one of 13 Intellectual Property Crime Enforcement Program (IPEP)grants from the Bureau of Justice Assistance (BJA). Due to past successes and additional funding, the Task Force is now comprised of: three federal law enforcement agency (LEA) partners [United States Attorney's Office (USAO), HSI, and CBP Portland Offices]; four local law enforcement agencies [Beaverton Police Department, Portland Police Bureau, Washington County Sheriff, and Woodburn Police Department]; and two Oregon District Attorney Offices [Washington County District Attorney (WCDA)and Multnomah County District Attorney(MCDA)]. The Task Force also partners with: USPS and the FBI's Regional Computer Forensic Laboratory (NWRCL). The Fiscal Year 2021 grant program will expand our goals for a modern and holistic approach to IPC enforcement through community outreach and education along with proactive investigations in a collaborative effort with local, state and federal Task Force partners: Aggressively target, investigate, and prosecute individuals and or/criminal organizations committing state and federal IP crimes through coordination and collaboration with local, state and federal Task Force partners with a focus on cases involving 1) public health &safety, 2)theft of trade secrets and economic espionage, and 3) large scale commercial counterfeiting and piracy; Increase public IPC awareness by working with BJA and NW3C to distribute existing public awareness campaign and educational material through Task Force website. Provide investigative assistance for LEA with limited resources. The Task Force will develop a training program open to all LEA and provide Task Force personnel to assist with larger investigation of IP Crimes. A trusted working relationship has developed between PPB and the ICE HSI Portland Fraud group working IPC that has extended to investigations involving bank fraud, wire fraud and Identity Theft. The Task Force has developed strong working relationships with industry partners that have pledged their support and participation in community outreach and education. This application was given priority consideration in that the project addresses specific challenges that rural communities face. 11. 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: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 17 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC b. Name of pass-through entity: City of Portland, Oregon c. Contact information for awarding official of the pass-through entity: Mayor Ted Wheeler, MayorWheeler@portlandoregon.gov 12. Assistance Listings Number and Title (formerly CFDA): 16.752— Economic, High-Tech, and Cyber Crime Prevention 13. Is Award Research & Development? ❑Yes ❑x No 14. Indirect cost rate for the Federal award: 0% Vendor or Subrecipient Determination: ❑x Grantee is a subrecipient ❑Grantee is a vendor 18 DocuSign Envelope ID:C83A0DA0-73D4-42E2-A842-618CFEBCF8CC Exhibit E: SUBRECIPIENT Insurance Requirements Subrecipient shall obtain and maintain in full force at its expense, throughout the duration of the Agreement and any extension periods, the required insurance identified below. City reserves the right to require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be imposed on Oregon cities during the term of this Agreement. 1. Workers' Compensation Insurance: Subrecipient, its contractors and all employers working under this Agreement shall comply with ORS Chapter 656 and as it may be amended from time to time. Unless exempt under ORS Chapter 656, Subrecipient, its contractors and any employers working under this Agreement shall maintain coverage for all subject workers. 2. Commercial General Liability Insurance: Subrecipient shall have commercial general liability insurance covering bodily injury, personal injury, property damage, including coverage for independent contractor's protection (required if any work will be subcontracted), premises/operations, contractual liability, products and completed operations, in a per occurrence limit of not less than $ 1,000,000, and aggregate limit of not less than $2,000,000. 3. Automobile Liability Insurance: Subrecipient shall have automobile liability insurance with coverage of not less than $1,000,000 each accident. The insurance shall include coverage for any auto or all owned, scheduled, hired and non-owned autos. This coverage may be combined with the commercial general liability insurance policy. 4. Additional Insured: The liability insurance coverages, except Professional Liability, Errors and Omissions, or Workers' Compensation where applicable, shall be without prejudice to coverage otherwise existing, and shall name the City and its bureaus, officers, agents and employees as Additional Insureds, with respect to the Subrecipient's or its contractor's activities to be performed or services to be provided. Subrecipient shall provide proof of additional insured coverage in the form of an additional insured endorsement form or a policy coverage document acceptable to City. Coverage shall be primary and noncontributory with any other insurance and self-insurance. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. 5. Continuous Coverage; Notice of Cancellation: Subrecipient shall maintain continuous, uninterrupted coverage for the duration of the Agreement. There shall be no termination, cancellation, material change, potential exhaustion of aggregate limits or non-renewal of coverage without thirty(30) days written notice from Subrecipient to the City. If the insurance is canceled or terminated prior to termination of the Agreement, Subrecipient shall immediately notify the City and provide a new policy with the same terms. Any failure to comply with this clause shall constitute a material breach of the Agreement and shall be grounds for immediate termination of this Agreement. 6. Proof of Insurance: Subrecipient shall provide proof of insurance through acceptable certificate(s) of insurance, along with applicable additional ensured endorsements, to City at execution of the Agreement and prior to any commencement of work or delivery of goods or services under the Agreement or initial payment of grant funds. The certificate(s)will specify all of the parties who are endorsed on the policy as Additional Insureds (or Loss Payees). Insurance coverages required under this Agreement shall be obtained from insurance companies acceptable to City. Subrecipient shall pay for all deductibles and premium from its non-grant funds. City reserves the right to require, at any time, complete and certified copies of the required insurance policies evidencing the coverage required. In lieu of filing the certificate of insurance required herein, if Subrecipient is a public body, Subrecipient may furnish a declaration that Subrecipient is self-insured for public liability and property damage for a minimum of the amounts set forth in ORS 30.272 and 30.273. 19