20-2016 - Emergency Small Business Recovery Grant DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
20-2016
INTERGOVERNMENTAL AGREEMENT
BETWEEN WASHINGTON COUNTY AND CITY OF TIGARD
Emergency Small Business Recovery Grant
This INTERGOVERMENTAL AGREEMENT ("Agreement") is made and entered between
WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its elected
officials, hereinafter referred to as "County", and City of Tigard, an Oregon municipal corporation,acting by and
though its City Council,hereinafter referred to as"City."County and City may be jointly referred to herein as the
"Parties"or individually as a"Parry."
RECITALS
1. WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the
performance of any or all functions and activities that a party to the agreement has the authority to
perform; and
2. WHEREAS, on March 23, 2020, in response to the novel infections coronavirus (COVID-19) national
emergency and spread of COVID-19, Oregon Governor Kate Brown issued Executive Order 20-12 (EO
20-12) which, among other things, ordered closure and prohibited operation of a wide range of
businesses, restricted the operations of restaurants, bars, brew pubs, wine bars, cafes, food courts and
coffee shops, and required social distancing for other retail businesses; and
3. WHEREAS, in late April and early May 2020, Oregon Governor Kate Brown began to implement steps
to ease restrictions imposed by EO 20-12 and signed Executive Order 20-25,replaced by Executive
Order 20-27 (EO 20-27), directing the State to begin a data-driven, phased reopening; and
4. WHEREAS,pursuant to EO 20-27, Washington County entered Phase 1 on June 1, 2020 and has
remained in Phase 1 since that time; and
5. WHEREAS, on November 17, 2020, Oregon Governor Kate Brown issued Executive Order 20-65,
Temporary Freeze to Address Surge in COVID-19 Cases in Oregon, which, among other things, ordered
a two-week"freeze" from November 18 to December 2 and imposed restrictions on restaurants and bars
and closed gyms, indoor recreational facilities,museums, indoor entertainment facilities, outdoor
recreational facilities, zoos, gardens, and entertainment venues; and
6. WHEREAS, on the same day, Governor Brown announced that $55 million of the State's allocation of
Coronavirus Relief Funds ("CRF") authorized by Coronavirus Aid, Relief, and Economic Security Act
("CARES Act")would be allocated to the counties to distribute to businesses financially impacted by the
freeze, with a priority for the hospitality industry, small businesses and women, Black, Indigenous,
People of Color and Tribal-owned businesses; and
7. WHEREAS, under the Governor's allocation formula, Washington County received an allocation of
$5,777,452 of Emergency Small Business Recovery Grant Funds which subject to the requirements of
the CARES Act and requirements of the State Business Recovery Grant Agreement ("State Agreement"),
can be used to cover eligible expenditures, in the form of grants, of small businesses impacted by the
freeze; and,
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
8. WHEREAS, the City, desires to implement and operate a program, subject to the requirements of the
CARES Act, the State Agreement, and County criteria, to provide economic assistance in the form of
grants to small businesses and/or 501(c)(3)non-profit organizations ("non-profits") located within the
City's jurisdictional boundaries which have been impacted by the COVID-19 public health emergency
and freeze; and,
9. WHEREAS, on December 1, 2020 the Washington County Board of Commissioners approved the
distribution of the entire allocation of Emergency Small Business Recovery Grant Fund to provide relief
funding to the business communities within Washington County impacted by the COVID-19 pandemic
and the public health precautions implemented in response; and
10. WHEREAS, the County desires that $4,270,522 of the Emergency Small Business Recovery Grant Funds
be transferred to its cities, recognizing that cities are in a good position to know the particular needs of
their business communities; and
11. WHEREAS, the City has requested a portion of the Emergency Small Business Recovery Grant Fund for
the purposes provided herein; and
12. WHEREAS, the County desires to provide the City $961,598 of the Emergency Small Business
Recovery Grant Funds as a sub-grantee of County to provide economic assistance in the form of grants to
small businesses and non-profits affected by the COVID-19 public health threat and freeze.
AGREEMENT
NOW, THEREFORE, the premises being in general as stated in the foregoing recitals and in consideration of the
terms, conditions and covenants set forth below, the Parties agree as follows:
Article 1 CITY OBLIGATIONS
1.1 City shall develop and implement a grant program(City Program)to provide grants to assist
small business and/or non-profits within the City's jurisdictional boundary. The City Program
shall:
1.1.1 Comply with the CARES Act and ensure all expenditures covered by and grants provided
by the Emergency Small Business Recovery Grant Fund comply with the CARES Act
and:
1.1.1.1 Are necessary expenditures incurred due to the public health emergency with
respect to the COVID-19 within the meaning the CARES Act; and
1.1.1.2 Were not accounted for in the City's most recently approved budgets as of March
27, 2020; and
1.1.2.3 Were incurred during the period that begins March 8, 2020 and ends on December
30, 2020.
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
1.1.2 Adhere to official federal guidance issued or to be issued on what constitutes a necessary
expenditure. City will regularly review the guidance established by the U.S. Department
of Treasury and will warrant that all expenditures and grants have met the required
guidance.
1.1.3 Comply with the terms of the State Agreement Exhibit A and Exhibit E,incorporated
herein by reference, by developing and imposing eligibility criteria including:
1.1.3.1 The business is headquartered in Oregon and has its principal operations in
Oregon;
1.1.3.2 If required by Oregon law to be registered with the Oregon Secretary of State to do
business in Oregon, the business is so registered; and
1.1.3.3 The business is either for-profit or an entity tax-exempt under section 501(c)(3) of
the Internal Revenue Code.
1.1.4 Impose criteria that reasonably ensures that ineligible businesses, as defined in the State
Agreement, Exhibit A, do not receive Emergency Small Business Recovery Grant Funds.
1.1.5 Impose criteria that reasonably ensures that business or non-profits that receive
Emergency Small Business Recovery Grant Funds have complied with all State and local
laws, rules and regulations including all applicable and effective EO's issued by Governor
Brown.
1.1.6 Develop, market, advertise to, and impose a selection process, consistent with federal law,
that ensures,prioritizes and targets one or more of the following types of businesses, as
applicable:
1.1.6.1 Business with less than 100 employees;
1.1.6.2 Businesses within rural areas;
1.1.6.3 Businesses that identity as minority-owned, woman-owned, service-disabled
veteran-owned, and emerging small business;
1.1.6.4 Non-profits owned by Black, Indigenous, Asian Pacific Islander and all other
People of Color and/or women (or eligible nonprofits primarily serving these
communities).
1.2 City may implement and operate the City Program internally or may contract with a third party to
implement and operate the City Program. If the City contracts with a third party to implement and
operate the City Program, City may use Emergency Small Business Recovery Grant Funds to
cover a reasonable fee, relative to the total amount of the program, so long as such expense
otherwise complies with the CARES Act. City may also cover internal expenditures related to
administering or operating the City Program so long as such expenditures otherwise comply with
the CARES Act. The Emergency Small Business Recovery Grant Funds may cover expenditures
or expenses related to the operating or administration of the City Program in an amount not
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
exceed $44,663. Any expenditures or expenses in excess of this amount shall be covered by
City's own funds.
1.3 As soon as practicable, City shall provide County with a written plan detailing the
implementation and operational specifics of the City Program and demonstrating the City
Program complies with this Agreement. The City Program will provide for all Emergency Small
Business Recovery Grant Funds to be awarded and obligated by December 30, 2020. Prior to
disbursement of funds, the County will review the City Program plan for compliance and reserves
the right to withhold any allocation of Emergency Small Business Recovery Grant Funds to the
City until the County has approved the City Program.
1.4 No later than December 21, 2020, 5:00pm, City shall submit to the County a progress report
("report") which outlines and details an accounting of the amount of the City's portion of
Emergency Small Business Recovery Grant Fund that has been committed or expended, and
includes a projection of the amount, if any, to be expended by December 30, 2020. The report
shall also include the amount, if any,the City Program is oversubscribed, and the amount, if any,
the City Program is undersubscribed,underspent, under committed or unallocated. City's report
shall provide sufficient detail of the amount, if any, of the City's portion of Emergency Small
Business Recovery Fund that will be unobligated by December 30, 2020.
1.4.1 If the City's report indicates an over subscription of City's Program, the City may include
in the report a request that additional Emergency Small Business Recovery Grant Funds
be distributed to City. City acknowledges that such additional funds will be allocated in
the sole discretion of the County. County shall make any additional allocations and notify
City of amount, if any, no later than December 24, 2020 at 5:00pm.
1.4.2 If City's report indicates that the City's portion of the Emergency Small Business
Recovery Grant Fund will be underspent or have an amount that is unallocated on
December 30, 2020, County in its sole discretion may re-allocate the City's uncommitted
or unallocated funds to its own Emergency Small Business Recovery Grant Fund
program, or another qualifying sub-grantee of the Emergency Small Business Recovery
Grant Fund. City should expect to have any reported amount of underspent,under
committed, or unallocated funds be re-allocated, and City must promptly return
unallocated funds to County for redistribution.
1.5 No later than January 4, 2021, City shall submit to the County a final report which provides how
many grants, together with award amounts, have been awarded and committed, and the amount of
Emergency Small Business Recovery Grant Funds that remain uncommitted. The final report
shall also include a detailed accounting of any expenditures related to the administration and
operation of the program.
1.6 City agrees that any Emergency Small Business Recovery Grant Funds not distributed,
committed or expended by December 30, 2020 will be returned to the County no later than
January 4, 2021. No invoice from the County shall be required under this term.
1.7 Upon conclusion of the City Program, and no later than January 4, 2021, the City shall provide
the County with a final report which, at minimum, will provide total use of grant funds, total
number of applicants and beneficiaries, and for each beneficiary award grant a short description
of the beneficiary's business type, industry, number of employees and length of operation history
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
and demographic information reported on the voluntary demographic questionnaire by owners of
each beneficiary business. City shall also provide a detailed accounting accompanied by adequate
back-up documentation including but not limited to receipts, invoices, timesheets, payroll reports,
general ledger reports, contracts, and any other relevant documentation showing compliance with
the CARES Act and this Agreement, agency audits, if any, and any other information relevant to
the City Program.
1.8 Except as otherwise provided herein, the City agrees not to cover its own expenditures that may
otherwise be eligible expenditures under the CARES Act with the Emergency Small Business
Recovery Grant Funds.
1.9 City will not use any of the funds provided by this Agreement as a revenue replacement for lower
than expected tax or other revenue collections or for any other purpose not allowed by the
CARES Act.
1.10 City will not use the Emergency Small Business Recovery Grant Funds for City's grant program
expenditures for which the City has already received any other emergency COVID-19
supplemental funding for the same expenditure.
1.11 City will retain, and require any recipient or contractor administering the City's Program to
retain, all necessary documentation of all uses of the Emergency Small Business Recovery Grant
Funds including but not limited to invoices and receipts in a manner consistent with §200.333
Retention requirements for records of 2 CFR 2 Part 200 Uniform Administrative Requirements,
Cost Principals, and Audit Requirements for Federal Awards (Uniform Guidance). Such
documentation shall be promptly produced to the County upon request and may be subject to
audit by the County or County's authorized agent.
1.12 City will comply, and require any recipient or contractor administering the City's Program, to
comply with all terms in Attachment R.
Article 2 COUNTY OBLIGATIONS
2.1 County shall review City Program plan and provide comments or approval as soon as practical. In
the event the County requests changes to the City Program, City will resubmit the City Program
plan as soon as practical and County will review and provide comments or approval as soon as
practical. Review and resubmittal shall continue until the County approves the City Program, if at
all. Nothing in this section requires the County to approve the City Program.
2.2 County shall distribute the initial allocation of$961,598 from the Emergency Small Business
Recovery Grant Fund within 5 business days of County approval of the City's Program, or
execution of this agreement, whichever is later.
2.3 County may distribute an additional amount from the Emergency Small Business Recovery Grant
Fund to City based on City's December 20, 2020 report and County's determination of the
amount of Emergency Small Business Recovery Grant Funds that are available to cover eligible
expenses. The decision to distribute additional funds and the amount of the additional distribution
shall be in the sole discretion of the County at the request of City. County shall make payment of
additional distribution within 10 business days from the date of notification of additional
allocation.
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Article 3 GENERAL PROVISIONS
3.1 LAWS OF OREGON
The parties shall comply with all applicable laws and regulations regarding the handling and
expenditure of public funds. This Agreement shall be construed and enforced in accordance with
the laws of the State of Oregon.
3.2 DEFAULT
Time is of the essence in the performance of the Agreement. Either party shall be deemed to be in
default if it fails to comply with any provisions of this Agreement. The non-defaulting party shall
provide the other party with written notice of default and allow thirty(30) days within which to
cure the defect.
3.3 INDEMNIFICATION
This Agreement is for the benefit of the parties only. City agrees to indemnify and hold harmless
the County, and its elected officials, directors, officers, employees, and agents, from and against
all claims, demands and causes of actions and suits of any kind or nature for personal injury,
death or damage to property on account of or arising out of services performed, the omissions of
services or in any way resulting from the negligent or wrongful acts or omissions of the
indemnifying party and its officers, employees and agents. To the extent applicable, the above
indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims
Act(ORS 30.260 through 30.300). City shall give County prompt written notice of any action or
suit filed or any claim made against the County that may result in ligation in any way related to
this Agreement. County retains the right, in its discretion, to defend any action with counsel of its
choosing.
3.4 INSURANCE
City shall 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.
3.5 MODIFICATION OF AGREEMENT
No waiver, consent, modification or change of terms of this Agreement shall be binding unless in
writing and signed by both parties. The parties agree that this Agreement may require
modification as additional guidance becomes available.
3.6 DISBURSEMENTS REMAIN SUBJECT TO RECOVERY
All disbursements and payments under this Agreement, remain subject to recovery from City in
accordance with the following:
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
i. Notice of Underexpenditure, Overexpenditure, or Misexpenditure.
If County finds there has been an underexpenditure, overexpenditure or misexpenditure of
moneys disbursed under this Agreement, County shall provide City with written notice thereof,
with a detailed spreadsheet providing supporting data of an underexpenditure, overexpenditure or
misexpenditure, and County and City shall engage in the process described in the Recovery of
Underexpenditure, Overexpenditure or Misexpenditure section below.
ii. Recovery of Underexpenditure, Overexpenditure or Misexpenditure.
(a) City's Response. City shall have 90 calendar days from the effective date of the notice
of underexpenditure, overexpenditure or misexpenditure or from the date of receipt of the
notice,whichever is later, to pay County in full or notify County that it wishes to engage
in the appeals process set forth in the Appeals Process section below. If City fails to
respond within that 90 calendar-day time period, City shall promptly pay the noticed
underexpenditure, overexpenditure or misexpenditure.
(b) Appeals Process. Upon receipt of the final notice, if City notifies County that it wishes
to engage in the Appeals Process, City and County shall engage in non-binding
discussions to give the City an opportunity to present reasons why it believes that there
was no underexpenditure, overexpenditure or misexpenditure, or that the amount of the
underexpenditure, overexpenditure or misexpenditure was different than the amount
identified by County, and to give County the opportunity to reconsider its notice. City and
County may negotiate an appropriate apportionment of responsibility for the repayment of
an underexpenditure, overexpenditure or misexpenditure. At City request, County will
meet and negotiate with City in good faith concerning appropriate apportionment of
responsibility for repayment of an underexpenditure, overexpenditure or misexpenditure.
In determining an appropriate apportionment of responsibility, City and County may
consider any relevant factors. An example of a relevant factor is the extent to which either
party contributed to an interpretation of a statute, regulation or rule prior to the
expenditure that was officially reinterpreted after the expenditure. If County and City
reach agreement on the amount owed to County, City shall promptly repay that amount to
County by issuing payment to County. If County and City are unable to agree to whether
there has been an underexpenditure, overexpenditure or misexpenditure or as to the
amount owed, the parties may agree to consider further appropriate dispute resolution
processes, including mediation and arbitration as contemplated by paragraph 3.7 or
resolve the differences through appropriate legal action as contemplated by paragraph 3.8.
3.7 DISPUTE RESOLUTION
The parties shall attempt to informally resolve any dispute concerning any party's performance or
decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement.
A neutral third party may be used if the parties agree to facilitate these negotiations. In the event
of an impasse in the resolution of any dispute,the issue shall be submitted to the governing
bodies of both parties for a recommendation or resolution.
3.8 REMEDIES
Subject to the provisions in paragraph 3.6 and 3.7, any party may institute legal action to cure,
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
correct or remedy any default,to enforce any covenant or agreement herein, or to enjoin any
threatened or attempted violation of this Agreement. All legal actions shall be initiated in
Washington County Circuit Court. The parties, by signature of their authorized representatives
below, consent to the personal jurisdiction of that court.
3.9 EXCUSED PERFORMANCE
In addition to the specific provisions of this Agreement,performance by any party shall not be in
default where delay or default is due to war, insurrection, strikes, walkouts, riots, floods, drought,
earthquakes, fires, casualties, acts of God, governmental restrictions imposed on or mandated by
governmental entities other than the parties, enactment of conflicting state or federal laws or
regulations,new or supplementary environmental regulation, litigation or similar bases for
excused performance that are not within the reasonable control to the party to be excused.
3.10 SEVERABILITY
If any one or more of the provisions contained in this Agreement is invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions
of the Agreement will not be affected or impaired in any way.
3.11 INTEGRATION
This Agreement is the entire agreement of the parties on its subject and supersedes any prior
discussions or agreements regarding the same subject.
Article 4 TERM OF AGREEMENT and SURVIVAL
4.1 This Agreement becomes effective on the last date signed below and shall terminate on
December 31, 2020, unless extended by mutual written consent of the Parties.
4.2 City Obligations 1.6, l.7, 1.9, 1.10, 1.11 and 1.12 and General Provisions 3.3, 3.6, 3.7 and 3.8
shall survive termination or expiration of this Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized
signatures below.
WASHINGTON COUNTY, OREGON
DocuSigned by.
��a �tln S{VOt� Deputy county Administrator
7AFFQ57('Qn9QAan
AUTHORIZED SIGNATURE TITLE
Sia Lindstrom 12/15/2020 1 16:15 PST
PRINTED NAME DATE
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
CITY OF TIGARD, OREGON
DocuSigned by:
t�LUJ Interim City Manager
1089B3C90704485...
AUTHORIZED SIGNATURE TITLE
Kathy Nyland 12/14/2020 1 14:21 PST
PRINTED NAME DATE
DocuSigned by:
9F 4EM11E9534EA...
12/14/2020 1 14:06 PST
EDocuSigned by:
a,I'` `B �. kap A�-
E634B8E55324AE.-
12/14/2020 1 14:08 PST
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
EXHIBIT A
THE PROJECT
SECTION I. PROJECT DESCRIPTION
Subject to the eligibility requirements of 42 U.S.C. § 801 and any implementation guidance from the
U.S. Department of the Treasury, including,without limitation,the guidance identified in Section II
below, Grantee will use the Grant Funds to disburse grants to businesses as described more
particularly in this Exhibit A and Exhibit E. Grantee represents and warrants that the Grant Funds will
be used only to cover those costs of business subgrantees that (1) are necessary expenditures incurred
due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2)
were not accounted for in Grantee's budget most recently approved as of March 27, 2020; and (3)
were, or are, incurred during the Performance Period. Grantee may not use any Grant Funds to prepay
or otherwise cover Grantee-mandated business fees before awarding a grant to an eligible business.
Grantee will disburse Grant Funds only to businesses that meet all of the following minimum
eligibility requirements; only one application may be submitted per business:
1. The business is headquartered in Oregon and has its principal operations in Oregon.
2. If required by Oregon law to be registered with the Oregon Secretary of State to do business in
Oregon,the business is so registered.
3. The business is either for-profit or an entity tax-exempt under section 501(c)(3) of the Internal
Revenue Code.
4. During the Performance Period,the business incurred necessary expenditures due to the
COVID-19 public health emergency.
The following businesses are ineligible to apply for or receive funding under the Program:
1. Passive real estate holding companies and entities holding passive investments.
2. Non-profit entities that do not have federal 501(c)(3) status.
3. Businesses that experience a decline in revenues for reasons other than those caused bythe
COVID-19 pandemic (e.g. seasonal or cyclical businesses cycles).
4. Businesses that are delinquent on federal, state or local taxes that were due on or before the
date of application.
5. Businesses that do not comply with all federal, state and local laws and regulations.
6. Businesses that have closed and do not intend to reopen.
Award Amount
Grantee's grant awards to eligible businesses shall be in amounts determined by Grantee.
Program Access
Agency intends that the Grant Funds are made accessible to all Oregonians.Accordingly,Agency
strongly encourages Grantee to market its grant program and seek subgrantees based on the
recommendations set forth in Exhibit E, Equity in Grant Access.
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
SECTION II. U.S. Treasury Guidelines and Answers to FAQs
Agency will disburse Grant Funds only for eligible costs incurred by Grantee for the Performance Period
and in accordance with criteria and guidance established by US Treasury:
https://home.treasury. oovv-system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-
Territorial-Local-and-Tribal-Governments.p df
Additionally,the US Treasury has provided answers to frequently asked questions regarding eligible
costs under the Coronavirus Relief Fund:
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-
Questions.pdf
Direct Administrative Costs Allowed. Grantee's administrative costs directly attributable to the
administration of its grant program funded by this Grant can be reimbursed or otherwise paid with
Grant Funds. Such direct administrative costs shall not exceed 5% of the Grant Funds awarded under
this Grant.
Indirect Costs Not Allowed. In accordance with U.S.Treasury guidance, Grantee shall not reimburse or
otherwise pay any of its indirect costs with Grant Funds. The information described in this paragraph
overrides any other verbal or written rate(s) or information provided by Agency.
SECTION III. REPORTING REQUIREMENTS
No later than January 5, 2021, Grantee shall provide Agency a final report on the following:
1. Total use of Grant Funds;
2. Total number of applicants and beneficiaries;and
3. For each beneficiary that Grantee awards a grant:
a A short description of the beneficiary's business, including business entity type,
industry, number of employees and length of operating history; and
b. The demographic information reported on the voluntary demographic questionnaire by
owners of each beneficiary business.
Additionally, no later than January 5, 2021, for the period October 1, 2020 to December 30, 2020,
Grantee shall report the following information, as applicable,to Agency:
a Amount spent on administrative expenses;
b. Amount spent on budgeted personnel and services diverted to a substantially different
use;
c. Amount spent to COVID-19 testing and contract tracing;
d Amount spent on economic support (other than small business,housing, and food
assistance);
e. Amount spent on expenses associated with the issuance of tax anticipation notes;
f. Amount spent on facilitating distance learning;
g. Amount spent on food programs;
h Amount spent on housing support;
i. Amount spent to improve telework capabilities of public employees;
j. Amount spent on medical expenses;
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
k Amount spent on nursing home assistance;
1. Amount spent on payroll for public health and safety employees;
m. Amount spent on personal protective equipment;
n. Amount spent on public heath expenses;
o. Amount spent on small business assistance;
p. Amount spent on unemployment benefits;
q. Amount spent on workers'compensation;
r. Amount spent on items not listed above; and
s. The primary place of performance of this Project.
The requirements of this Section III survive termination of this Grant.
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
EXHIBIT E
EQUITY IN GRANT ACCESS
Agency intends that the Grant Funds be made accessible to all Oregonians, including members of
historically underserved population groups (including, but not limited to,Asian, Pacific Islander, Black,
Hispanic, Native American, Indigenous, members of Tribes and women).
Accordingly,Agency strongly encourages Grantee to implement its grant program so that it targets one
or more of the following types of businesses:
a Businesses with less than 100 employees
b. Businesses within rural areas
G Businesses that identify as minority-owned,women-owned, service-disabled veteran-owned,
and emerging small businesses
d. Nonprofit business entities owned by Black, Indigenous,Asian Pacific Islander and all other
People of Color and/or women (or eligible nonprofits primarily serving these communities)
MARKETING AND OUTREACH
Additionally,Agency strongly encourages Grantee to conduct a robust marketing program that reaches
out locally to businesses by:
• Utilizing program marketing and application materials provided by Agency and,when feasible,
make such materials available in languages that are representative of the local population.
• Conducting a stepped marketing program that reaches out and markets to members of
historically underserved population groups in advance of marketing to the general public.
Attached to this Exhibit as Attachment 1 is a contact list of culturally specific organizations that
are available to help Grantee implement its stepped marketing program.Agency encourages
Grantee to contact and partner with one or more of these organizations in its marketing efforts.
• Using the State of Oregon's "Equity Frameworkin COVID-19 Response and Recovery" as a guide
in the design of Grantee's grant program:
https://www.oregon.gov/gov/policy/Documents/EquityFrameworkCovidl9 2020.pdf.
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment 1 to Exhibit E
List of Culturally Specific Organizations
1. Adelante Mujeres -Andrea Chunga-Celis,achungacelis@adelantemujeres.org
2. IRCO -Jenny Bremner,jennyb@irco.org
3. MESO - Stephanie Basalyga, sbasalyga@mesopdx.org
4. The Urban League of Portland - Cinna'Mon Williams,CWilliams@ulpdx.org
S. Latino Built- Leanna Petrone, Leanna@latinobuilt.org
6. RDI -Jennifer Groth,jgroth@rdiinc.org
7. Professional Business Development Group - Kenechi Onyeagusi,
kenechi@pbdgweb.com
8. RAIN -Jennifer Damiani,jennifer@scoutconsultants.com
9. EDCO -Brian Vierra,brian@edcoinfo.com
10. Huerto de la Familia - Marissa Zarate,marissa@huertodelafamilia.org
11. A Greater Applegate - Seth Kaplan,seth@agreaterapplegate.org
12. Centro Cultural -Jonath Colon Montesi,jcolon@centrocultural.org
13. High Desert Partnership - Brenda Smith, director@highdesertpartnership.org
14. Micro Enterprise Resources Initiative and Training (MERIT) -
Hugo Munez,VISION2@meritnw.org
15. Umatilla Electric Cooperative - Emily Cecil,uecbrc@gmail.com
16. Philippine American Chambers of Commerce -Jan Mason (PACCO),
janice.pacco@gmail.com
17. Black American Chamber of Commerce -Jesse
Hyatt (BACC),
jesse.hyatt@blackamericanchamber.org
18. Hispanic Metropolitan Chamber- Carmen Castro, ccastro@hmccoregon.com
19. Ashland Chamber of Commerce - Sandra Slattery,sandra@ashlandchamber.com
20. Native American Youth and Family (NAYA) - Sky Waters,SkyW@nayapdx.org
21. Asian Pacific American Network of Oregon (APANO) - Todd Struble,todd@apano.org
22. Metropolitan Contractor Improvement Partnership -John Jackley,john@mcip-
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
pdx.org
23. Hacienda CDC -Aldo Medina,amedina@haciendacdc.org
24. Oregon Native American Chamber (ONAC) -James Parker,jparker@onacc.org
25. Oregon Latinx Leadership Network-Anthony Veliz,aveliz@izomarketing.com
26. CAUSA-Adriana Miranda,adriana@causaoregon.org
27. Coalition of Communities of Color-Marcus Mundy,
marcus@coalitioncommunitiescolor.org
28. COFA Alliance National Network-Joe Enlet, fsmcgportland@gmail.com
29. Latino Community Association-Brad Porterfield,
brad@latinocommunityassociation.org
30. Salem Capitol Connections-Marin Arreola,advancedecon@aol.com
31. Oregon Association of Minority Entrepreneurs-Jorge Guerra,jorge@oame.org
32. National Association of Minority Contractors-Nate McCoy, nate@namc-oregon.org
33. PCUN- Small Business Cohort-Omar Alvarado, omaralvarado@pcun.org
34. Warm Springs Community Action Team-Dustin Seyler,dustin@wscat.org
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
AGENDA
ADDED ITEM
WASHINGTON COUNTY BOARD OF COMMISSIONERS
�kr�aN
Agenda Category: Action—County Administrative Office
Agenda Title: AUTHORIZE INTERGOVERNMENTAL AGREEMENTS WITH CITIES AND
CONTRACTS WITH PARTNERING ORGANIZATIONS FOR STATE COVID-19
BUSINESS RELIEF GRANT
Presented by: Tanya Ange,County Administrator
Jack Liang, Director of Support Services/Chief Financial Officer
SUMMARY:
Request that the Board of County Commissioners authorize intergovernmental agreements(ICAs)
with Cities within Washington County and contracts with partnering organizations to implement
the State of Oregon COVID-19 Business Recovery Grant in the total amount of$5,777,452.
The purpose of this grant is to provide relief funding to the business communities within
Washington County that are impacted by the COVID-19 pandemic and the public health
precautions implemented in response.
To implement the program within the incorporated and unincorporated Washington County,the
County will be partnering with the following list of Cities.
• City of Banks
• City of Beaverton
■ City of Cornelius
• City of Durham
• City of Forest Grove
■ City of Gaston
• City of Hillsboro
■ City of King City
• City of North Plains
■ City of Sherwood
• City of Tigard
• City of Tualatin
• City of Wilsonville
(continued)
COUNTY ADMINISTRATOR'S RECOMMENDATION:
Authorize intergovernmental agreements (IGAs) with Cities within Washington County and Micro
Enterprise Services of Oregon (MESO)to implement the State of Oregon COVID-19 Business
Recovery Grant in the total amount of$5,777,452.
APPROVED IVASHINGTON COUNTY
BOARD OF COMMISSIONERS
c� Agenda Item No. 6.e.
MINUTE ORDER# Date; 12101120
DATE
75
13y
CLERK OF THE BOAR
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
AUTHORIZE INTERGOVERNMENTAL AGREEMENTS WITH CITIES AN❑ CONTRACTS WITH
PARTNERING ORGANIZATIONS FOR STATE COVID-19 BUSINESS RELIEF GRANT
BOC 12/01/20
In addition, the County will be contracting with partnering organizations including but not limited
to Micro Enterprise Services of Oregon (MESO) and Oregon Community Foundation (OCF).
ADDITIONAL INFORMATION:
Community Feedback(Known Support/opposition). Known community support frorn the Cities
within Washington County and the business community.
Legal History/Prior Board Action: None
Budget Impacts: At a later Board Meeting, a supplemental budget to the CARES Act COVIU-19
Fund (155) will be prepared for additional intergovernmental revenue of$5,777,452 and
expenditures of the same amount.
76
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
ATTACHMENT R
Intergovernmental Agreement ONLY
COVID-19 RESPONSE
Required for all Agreements that are funded in whole or in part by Federal Grant Funds
Clauses required in non-Federal entity's contracts
Source: 2 CFR Part 200,Appendix II
Catalog of Federal Domestic Assistance (CFDA) number(s) of federal funds to be paid through
this Agreement: 21.019
Contractor or Sub-Recipient Determination-Washington County determines that:
❑x Recipient is a sub-recipient; OR ❑ Recipient is a contractor
AUDIT CLAUSES
Recipient 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 Recipient's own expense submit to County 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 County 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 County 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 County.
Maintenance of Financial Records
Recipient 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 County or the State to
verify how any payments received under this Agreement were expended.
1
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
Access to Records
Recipient agrees to permit a program reviewer or an auditor of the Federal, State, or County government or their
agents to have access to records and financial statements as may be necessary. Access to records by the County
or State may be with notice or without notice. Any refunds to or disallowances by the Federal Government, the
State, or the County resulting from audits shall be the sole responsibility of Recipient for payment to the Federal
Government, the State, or the County.
Cost 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 sub-recipients of Federal funds who receive Federal awards during the current
contract year from County shall provide County 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 County's fiscal year, July 1 through June 30, or
any part of the County's fiscal year occurring during the term of this Agreement. The report must be submitted
within six months of the Recipient's fiscal year end. If the Recipient is unable to meet the deadline, they may
request, in writing, an extension of up to three months. Failure to provide County with the annual Financial
Report may result in withholding of payments due to the Recipient or termination of this agreement. If the
Recipient has a different fiscal year from the County, then the report shall account for funds received during the
Recipient's fiscal year.
Expenditure Records
Recipient shall document the expenditure of all funds paid to Recipient under this Agreement.
Unless applicable federal law requires Recipient to utilize a different accounting system,
Recipient shall create and maintain all expenditure records in accordance with generally accepted
accounting principles and in sufficient detail to permit County to verify how the funds paid to
Recipient under this contract were expended.
2
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
I. Government Entity (Recipient) 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 any other applicable provisions in the Agreement and Attachments
(B) Termination provisions are addressed in the Intergovernmental Agreement(Section 6) as well as any
other applicable provisions in the Agreement and Attachments
(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, Recipient 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, Recipient 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, Recipient must pay wages not less than once a week. If applicable, the
County will place a copy of the current prevailing wage determination issued by the Department of
Labor in the solicitation. The decision to award a Contract is conditioned upon the acceptance of the
wage determination. If applicable, the County will place a copy of the current prevailing wage
determination issued by the Department of Labor in the solicitation. If applicable, Recipient must accept
the wage determination. If applicable, County will report all suspected or reported violations by
Recipient to the Federal awarding agency. If applicable, Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Government Entitys 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 Recipient 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, County 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 Recipient shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
3
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
Part 5). Under 40 U.S.C. 3702 of the Act, if applicable, Recipient 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 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, Recipient 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 Recipient 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).
Government Entity Certification Regarding Debarment, Suspension, Proposed Debarment and other
Responsibility Matters. The Government Entity certifies to the best of its knowledge and belief that
neither it nor any of its principals:
a. Are presently debarred, suspended,proposed for debarment, or declared ineligible from
submitting bids or proposals by any federal, state or local entity, department or agency;
b. Have within a three-year period preceding this offer, been convicted or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performance of a public (Federal, state or local) contract or
subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, tax evasion, or receiving stolen property;
c. Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph 15.2 of this certification;
d. Have within a three-year period preceding this offer, had one or more contracts terminated for
default by any Federal, state or local public agency.
4
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
e. Are on the list titled"Specially Designated Nationals and Blocked Persons" maintained by the
Office of Foreign Assets Control of the United States Department of the Treasury and currently
found at: hqp://www.treas.gov/offices/enforcement/ofac/sdn/tllsdn.pdf
f. Are out of compliance with the tax laws of Oregon and all tax laws of political subdivisions of
the State of Oregon, including, but not limited to, ORS 305.620 and ORS chapters 316, 317 and
318. Washington County may terminate the contract if Government Entity fails to comply with
any tax laws during the term of the contract.
(I) 2 CFR Section 200.322 Procurement of recovered materials. Government Entity 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 Recipient
certifies,to the best of the Recipient's knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, 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.
b. 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 Recipient shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance
with its instructions.
c. The Recipient 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.
d. 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
5
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
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.
e. No part of any federal funds paid to Recipient 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.
f. No part of any federal funds paid to Recipient 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.
g. The prohibitions in subsections e and f 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.
h. No part of any federal funds paid to Recipient 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 drug or other substance or that federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
II. FEMA Required Language:
(A) To be eligible for FEMA assistance under the County's FEMA grant or cooperative agreement, the cost
of the change, modification, change order, or construction change must be allowable, allocable, within
the scope of the County's grant or cooperative agreement, and for the completion of project scope. All
changes to this Agreement to alter the method, price or schedule of work must be approved by written
amendment to this Agreement signed by both parties.
(B) Access to Records: In addition to any other term or condition regarding access to records in this
Agreement, Government Entity agrees to provide the FEMA administrator, the Comptroller General of
the United States, or any of their authorized representatives access to any books, documents,papers, and
records of the Government Entity which are directly pertinent to this Agreement for the purposes of
making audits, examinations, excerpts, and transcripts. The Government Entity agrees to permit any of
the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
6
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
reasonably needed. The Government Entity agrees to provide the FEMA Administrator or his/her
authorized representatives access to construction or other work sites pertaining to the work being
completed under the Agreement.
(C)Government Entity shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
(D)Government Entity acknowledges that FEMA financial assistance will be used to fund this Agreement
only and can be used for no other purposes. Government Entity will comply with all applicable federal
law, regulations, executive orders, FEMA policies, procedures, and directives.
(E) The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to the County, Government Entity, or any other party pertaining to any matter resulting from
this Agreement.
(F) Government Entity acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims
and Statements) applies to Government Entity's actions pertaining to this Agreement.
IIL HIPAA Compliance. If the work performed under this Contract is covered by the Health Insurance
Portability and Accountability Act or the federal regulations implementing the Act(collectively referred to as
HIPAA), Government Entity agrees to perform the work in compliance with HIPAA.
7
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID: BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
Attachment R
Information Required by 2 CFR 200.331 (a)
1. CFDA Number: 21.019
CFDA Name: CARES Act- Coronavirus Relief Fund
Amount $ 5,777,452
2. Federal Award Identification:
i. Contractor name (must match DUNS name):
City of Tigard
ii. Contractor DUNS number: 080105646
iii. Federal Award Identification Number(FAIN): N/A
iv. Federal Award Date: March 27, 2020
V. Sub-Award Period of Performance Start/End Dates: From:3/8/2020 To:12/30/2020
vi. Total Amount of Federal Funds Obligated by $
961,598
this Agreement:
vii. Total Amount of Federal Award Obligated to $ 3,479,820
the Subrecipient by the pass-through Entity:
viii. Total Amount of Federal Award Committed to $2,145,999
the Subrecipient by the pass-through Entity:
ix. Federal Award Project Description:
Washington County created the Emergency Small Business Recovery Grant to pass-through the funds
received from the state from their portion of the CARES Act CRF. This program is to provide grants to
.,�� L....:............ . .:aL. _:a...., «a 1..._,.:«._,....__ — 4U,,1..,...«:a„1:ti.:_.a__,.a..._. «a Dmnr .. ...:a__
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: U. S. Treasury
b. Name of pass-through Entity: Washington County, OR
c. Contact information for awarding official of the pass-through Entity:
Sia Lindstrom sia—lindstrom@co.washington.or.us
xi. Washington County Program Name:
Emergency Small Business Recovery Grant
xii. Is Award R&D? Yes
xiii. Indirect Cost Rate for Federal Award: 0%
8
ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
,�[a 0.%.ro
Washington County Subrecipient Pre-award
3
Risk Assessment Form
CFDA No 21.019 Program Title Washco State Emergency Small Business Recovery Grant
Attachment R: Pre-Award Risk Assessment Monitoring Plan This attachment is made apart of this contract. Sub-recipient
agrees to perform these additional monitoring items listed below to comply with 2 CFR 200.331(e).
(Please be sure to include this page with the contract packet for this subrecipient.)
County staff have reviewed Tigard CARES phase V scope of work and approved the approach to grant making.Also previous
CARES CRF documentation has been excellent in regards to documenting eligible expenditures.
Click Here to Go Back to Page 1
Last Update 02/14/19 Page 6 of 6
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
CERTIFICATE OF COVERAGE
Agent This certificate is issued as a matter of
information only and confers no rights upon
Brown & Brown Northwest the certificate holder other than those
2701 NW Vaughn St, Ste. 340 provided in the coverage document. This
Portland, OR 97210 certificate does not amend,extend or alter
the coverage afforded by the coverage
www.bbnw.com documents listed herein. cltycounty insurance services
Named Member or Participant Companies Affording Coverage
Clt of Tigard COMPANY A-CIS
1325 SW Hall Blvd COMPANY B-National Union Fire Insurance Co
Tigard OR all Bl COMPANY C-RSUI Indemnity
COMPANY D-Federal Insurance Company 20281
LINES OF COVERAGE
This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Not withstanding any requirement,term
or condition of any contract or other document with respect to which the certificate may be issued or may pertain,the coverage afforded by the coverage documents listed herein is
subject to all the terms,conditions and exclusions of such coverage documents.
Company Certificate Effective Termination
Type of Coverage Letter Number Date Date Coverage Limit
General Liability General Aggregate: $30,000,000
✓ Commercial General Liability A 20LTIG 7/1/2020 7/1/2021 Each Occurrence: $10,000,000
✓ Public Officials Liability
✓ Employment Practices
✓ Occurrence
Auto Liability General Aggregate: None
✓ Scheduled Autos A 20LTIG 7/1/2020 7/1/2021 Each Occurrence: $10,000,000
✓ Hired Autos
✓ Non-Owned Autos
Auto Physical Damage
✓ Scheduled Autos A 20APDTIG 7/1/2020 7/1/2021
✓ Hired Autos C
✓ Non-Owned Autos
✓ Property C 20PTIG 7/1/2020 7/1/2021 Per Filed Values
A
✓ Boiler and Machinery D 20BTIG 7/1/2020 7/1/2021 Per Filed Values
Excess Liability
✓ Excess Crime B 20ECTIG 7/1/2020 7/1/2021 Per Loss $1,000,000
✓ Excess Earthquake C 20EQTIG 7/1/2020 7/1/2021 Each Occurrence $5,000,000
✓ Excess Flood C 20FTIG 7/1/2020 7/1/2021 Each Occurrence $5,000,000
Excess Cyber Liability Occurrence/Aggregate:
Workers'Compensation
Description:
Operations of Named Member as respects IGA-Reimbursement Program and Small Business Emergency Assistance through December 31,2020.
Subject to policy terms,conditions and exclusions.
Certificate Holder: CANCELLATION:Should any of the coverage documents herein be cancelled before the
expiration date thereof,CIS will provide 30 days written notice to the certificate holder
named herein,but failure to mail such notice shall impose no obligation or liability of any
Washington County kind upon CIS,its agents or representatives,or the issuer of this certificate.
155 North First Avenue, Suite 270
Hillsboro OR 97124
By: Ron Cutter Date: 7/1/2020
56363369 1 20-21 CIS Certificate I Cathi Pham 1 7/1/2020 10:39:19 AM (PDT) I Page 1 of 1
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
www.saif.com
■
saifOregon.Work.
Life.
Oregon Workers' Compensation
Certificate of Insurance
Certificate holder:
WILL CULVER, CONTRACT ADMINISTRATOR
WASHINGTON COUNTY FINANCE DEPARTMENT
WASHINGTON COUNTY FINANCE DEPARTMENT
155 NORTH FIRST AVENUE, SUITE 270; MAILSTOP 25
HILLSBORO, OR 97124
The policy of insurance listed below has been issued to the insured named below for the policy period
indicated.The insurance afforded by this policy is subject to all the terms, exclusions and conditions of
such policy; this policy is subject to change or cancellation at any time.
Insured Producer/contact
City of Tigard Brown &Brown of Oregon LLC
13125 SW Hall Blvd Ron Cutter
Tigard, Or 97223-8167 503.219.3270 rcutter@bbnw.com
Issued 08/19/2020 Limits of liability
Policy 860903 Bodily Injury by Accident $3,000,000 each accident
Period 07/01/2020 to 07/01/2021 Bodily Injury by Disease $3,000,000 each employee
Body Injury by Disease $3,000,000 policy limit
Description of operations/locations/special items
Cities and Special District Assistance Program, Intergovernmental Agreement between Washington County and the
City of Tigard
Important
This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate
does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the
certificate holder.
Authorized representative
Z, )�g�
Kerry Barnett
President and CEO
400 High Street SE
Salem,OR 97312
P:800.285.8525
Policy_OLCA_CertificateOfInsurance F:503.584.9812
DocuSign Envelope ID:BEA38664-A4AF-43D2-BC4B-2D17CDF8CD81
For Administrative Use Only—Z99999
Supplier Name: City of Tigard
Actual Contract Number(CustomText4):20-2016
Department(Location): SS-Finance
Contract Type: 8 Agreements
Contract Sub Type(Custom2Code): IGA:Intergovernmental Agreement
Minute Order Date: 12/2/2020
Minute Order Number:20-338
Master Contract Number(CustomTextl): 20-2016
Bid/RFP#(BidRFP):
BPO Number(CustomlCode): Expense Contract
SHIP TO(LocShipTo): SS-Finance
BILL TO(LocBillTo): SS-Finance
Project Number(CustomText2):
Chargeable Program Number(ChargeProgram):
Contract Admin(Administrator): Will Culver
2019 WASHINGTON COUNTY-ARCHIVE RECEIPT
Docu5�".
6 S E C U R E 6
Certificate Of Completion
Envelope Id: BEA38664A4AF43D2BC4B2Dl7CDF8CD81 Status:Completed
Subject: Please DocuSign:Contract#20-2016:City of Tigard
Source Envelope:
Document Pages:29 Signatures:4 Envelope Originator:
Certificate Pages:5 Initials:0 Kittie Kong
AutoNav: Enabled 155 N. First Ave,Suite 270
Envelopeld Stamping: Enabled MS28
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Hillsboro,OR 97124-3087
kittie_kong@co.washington.or.us
IP Address:204.147.152.5
Record Tracking
Status:Original Holder:Kittie Kong Location: DocuSign
12/11/2020 3:18:56 PM kittie_kong@co.washington.or.us
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Washington County Location: DocuSign
Signer Events Signature Timestamp
Nicole Hendrix Si, dby: Sent: 12/11/2020 3:22:33 PM
nicoleh@tigard-or.gov ED
tbb_ �wJytx Viewed: 12/14/2020 9:16:31 AM
Securit Level: Email Account Authentication 9F4E3D11E9534EA... Signed: 12/14/2020 2:06:00 PM
Y 9
(None),Access Code
Signature Adoption: Pre-selected Style
Using IP Address:208.71.205.129
Electronic Record and Signature Disclosure:
Accepted: 12/14/2020 9:16:31 AM
I D:dfecOcad-89f8-44ac-9a 1 3-3768500ef461
Shelby L. Rihala P(Q�7n634BK55324AE
DocuSignedby: Sent: 12/14/2020 2:06:04 PM
shelbyr@tigard-or.gov O' ko "'4 "' Viewed: 12/14/2020 2:07:19 PM
Security Level: Email,Account Authentication Signed: 12/14/2020 2:08:23 PM
(None),Access Code
Signature Adoption: Pre-selected Style
Using IP Address:208.71.205.129
Electronic Record and Signature Disclosure:
Accepted: 12/14/2020 2:07:19 PM
ID:7b877608-e843-4296-bf99-c91673d23cd7
Kathy Nyland Doeusignedby, / Sent: 12/14/2020 2:08:28 PM
kathyn@tigard-or.gov C t it Viewed: 12/14/2020 2:20:34 PM
Interim City Manager 1os9B3c9o7o44a5 Signed: 12/14/2020 2:21:10 PM
Security Level: Email,Account Authentication
(None),Access Code Signature Adoption: Pre-selected Style
Using IP Address:73.37.9.47
Electronic Record and Signature Disclosure:
Accepted: 12/14/2020 2:20:34 PM
ID: 13834aab-5b67-489b-bb7c-7de564a50cd5
Sia LindstromSent: 12/14/2020 2:21:15 PM
sia_lindstrom@co.washington.or.us [D0CuSi,n1d by:ix WSWK, Viewed: 12/15/2020 10:58:22 AM
Deputy County Administrator 7AFF957D9D2943D Signed: 12/15/2020 4:15:05 PM
Washington County,Oregon
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None),Access Code Using IP Address:204.147.152.5
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/11/2020 3:22:33 PM
Certified Delivered Security Checked 12/15/2020 10:58:22 AM
Signing Complete Security Checked 12/15/2020 4:15:05 PM
Completed Security Checked 12/15/2020 4:15:05 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 1/18/2019 1:30:30 PM
Parties agreed to:Nicole Hendrix,Shelby L.Rihala,Kathy Nyland
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO SHI OBO Washington County(we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure,we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Carahsoft OBO SHI OBO Washington County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: tina—hartmeier@co.washington.or.us
To advise Carahsoft OBO SHI OBO Washington County of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us
at tina_hartmeier@co.washington.or.us and in the body of such request you must state: your
previous email address, your new email address. We do not require any other information from
you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Carahsoft OBO SHI OBO Washington County
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email
to tina_hartmeier@co.washington.or.us and in the body of such request you must state your
email address, full name, mailing address, and telephone number. We will bill you for any fees at
that time, if any.
To withdraw your consent with Carahsoft OBO SHI OBO Washington County
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to tina_hartmeier@co.washington.or.us and in the body of such request you
must state your email, full name, mailing address, and telephone number. We do not need any
other information from you to withdraw consent.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: haps://support.docusi n�guides/signer-_uide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you,please confirm that you have
read this ERSD, and(i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or(ii)that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify Carahsoft OBO SHI OBO Washington County as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Carahsoft OBO SHI OBO Washington County
during the course of your relationship with Carahsoft OBO SHI OBO Washington
County.