Tigard Cares V-Micro Enterprise Services Of Oregon ~ AG213001 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVERY CONTRACT
Contract Title: Tigard CARES Phase V (WashCo/Fed Funds) Number: C210047
Contractor: Micro Enterprise Services of Oregon Contract Total: $985,705.00
Contract Overview: Administration of COVID-19 Business Assistance Grant program following State of
Oregon,Washington County and Federal Guidelines
Initial Risk Level: ❑ Extreme ❑ High X Moderate ❑ Low
Risk Reduction Steps: Following precedent and example set by Washington County program and other
cities. Deferring to Federal requirements in contract.
Risk Comments:
Risk Signature:
Contract Manager: Lloyd Purdy Ext: 2445 Department: CD
Type: X Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: December 10, 2020 End Date: January 31, 2021
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Sole Source under PCR 10.070
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 20/21 100-5900-54402 $985,705.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along unth a
completed Contract Checklist.
Contract Number C210047
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
Tigard CARES V
(WashCo./Fed Funds Business Assistance to MESO)
THIS AGREEMENT made and entered into this 10th day of December, 2020 by and between the
City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Micro
Enterprise Services of Oregon,hereinafter called Contractor.
RECITALS
WHEREAS, the City has received Washington County funding from the Federal CARES program
to make grants to businesses,
WHEREAS,City has need for the services of a company with a particular training,ability,knowledge,
and experience possessed by Contractor, and
WHEREAS, City has determined that Contractor is qualified and capable of performing the services
as City does hereinafter require,under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of City's notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A,incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on January 31,2021,unless
otherwise terminated or extended. All work under this Agreement must be completed prior
to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee outlined in Exhibit A. The total
amount paid to the Contractor by the City may not exceed $985,705.00. Payments made to
Contractor will be based upon the following applicable terms:
a. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor.
b. Payments will be made in two distributions. The first payment will be a lump sum of
Federal grant funds in the amount of$916,935.00 for allocation to Tigard businesses as
grants. The second payment will be a lump sum administrative fee of $68,770.00 (the
"Administrative Fee") to be paid upon signing this Agreement, subject to the approval of
the City Manager, or designee.
c. Payment in full of the Administrative Fee by City releases City from any further obligation
for payment to Contractor for services performed or expenses incurred as of the date of
the invoice.Payment may not be considered acceptance or approval of any work or waiver
of any defects therein.
d. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
e. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
f. Contractor will pay to the Department of Revenue all sums withheld from Contractor's
employees pursuant to ORS 316.167.
g. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City's Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
h. Contractor will promptly, as due, make payment to any person, co-partnership,
association,or corporation,furnishing medical, surgical,and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract, or agreement for the purpose of providing or paying for services.
i. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
j. Contractor must obtain,prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
k. The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
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5. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontractor,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore, in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of service provided.
8. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents, and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments, or other costs or expenses, including attorney's fees and witness
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costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies),that may be asserted by any person
or entity which in any way arise from, during, or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
9. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain, at Contractor's expense,and keep in effect during the term of this
contract,Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
B. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence may not be less than $1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor's expense, and keep in effect during the term of the
contract,business automobile liability coverage for all owned vehicles on an"occurrence"
form. The Combined Single Limit per occurrence may not be less than $1,000,000.
C. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
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Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than$500,000 each
accident.
D. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Primary Coverage Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by this
Agreement.
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A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
OR
ContractsPurchasing@tigard-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices,bills and payments will be made in writing and may be given by personal delivery,
mail,or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The
following addresses will be used to transmit notices,bills,payments,and other information:
CITY OF TIGAW
Attn: Lloyd Purdy,Economic Development Attn: Nita Shah, Executive Director,MESO
Manager
Address: 13125 SW Hall Blvd Address: 4008 NE MLK Jr. Blvd.
Tigard, OR 97223 Portland, OR 97212
Phone: (503) 718-2425 Phone: (503) 841-3351
Email: lloydp@tigard-or.gov Email: nshah@mesopdx.org
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving written notice pursuant
to this paragraph.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
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Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
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allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use (for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets,the identity of the chemical/s,how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. FORCE MMEURE
Neither City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause;provided that the parties so disenabled will within
ten (10) days from the beginning of such delay,notify the other parry in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will, however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR, PAY EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
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employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage, salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. NON-DISCRIMINATION
Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
22. EXTRA (CHANGES) WORK
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and materials are the best available unless otherwise specified in the profession. Neither
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acceptance of the work not payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement, will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests, liabilities, charges, and encumbrances of any kind.
24. ATTORNEY'S FEES
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal.
25. CHOICE OF LAW,VENUE
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will
control.
28. AUDIT
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
29. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction,the validity of the remaining terms and provisions will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail, may terminate the Agreement.
30. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316, 317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
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during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF TIGARD MICRO ENTERPRISE SOLUTIONS OF OREGON
By: By:
Name: Kathy Nyland Name: Nita Shah
Title: Interim City Manager Title: Executive Director
Date: Date: 1911019020
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EXHIBIT A
SERVICES TO BE PROVIDED
I. PURPOSE
The purpose of this project is to distribute up to $1,100,000 in grant funding from Washington
County's share of State/Federal funds to businesses in Tigard consistent with City,County,State and
Federal ("Sponsors' requirements and process. First round of funding will be for $916,935 to be
distributed as grants to businesses.
II. PROGRAM DELIVERY COST
Payment as lump sum, not to exceed 7.5% of award amount (estimated at $68,770), payable upon
completion of project after January Th. City acknowledges that the County's funds may only cover a
portion of Contractor's Payment; City will be responsible for the gap between County's contribution
to the Payment and the total Payment.
III. SCOPE OF WORK
a. Contractor will develop and host an online application portal that
meets Sponsors' requirements and collects the required information.
b. Firms complete online application hosted by Contractor.
c. Contractor will generate a list of eligible businesses with scores and award amounts.
£ Contractor will collect required documentation from awardees.
g. Contractor will distribute funding to applicants who have completed agreements and
documentation requirements.
h. Contractor will generate a final report of successful applicants and all data collected. That
meets the requirements of Federal, State, County and City funding partners.
i. Contractor will complete closeout procedures.
IV. DELIVERABLES
a. Contractor will provide a grant application website in English with Spanish language
translation available upon request by December 10, 2020.
b. Contractor will provide a list of grant applicants to the City.
c. Contractor will generate scoring data for each applicant.
d. Contractor will provide a funding recommendation for each applicant.
e. Contractor will provide a final closeout report to the City before December 30, 2020
V. PERFORMANCE REQUIREMENTS
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 Princpals, and Audit Requirements for Federal
Awards (Uniform Guidance). Such documentation shall be included in the final report presented to
the City of Tigard.
Any recipient or contractor administering the City's Program,to comply with all terms in Attachment
R.
Check-in
30-minute weekly. Other meetings as needed to complete project.
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VI. GRANT AWARD AMOUNTS
Eligible firms must be able to document sufficient expenses.
• Up to $3,000—up to 2 employees
• Up to $5,000 - 3-5 employees
• Up to $7,500 - 6+ employees
VI. PROPOSED PROJECT TIMELINE
December 1 -Draft City/Contractor Contract (City)
December 1 - Council Authorization of funding and contract (City)
December 9 -IGA with WashCo Complete (City)
December 9 -Begin marketing and communications to businesses (City/Contractor)
December 10 - Grant Application goes live (Contractor)
December 14 - Round #1 review of applications one week from launch of application
(City/Contractor)
December 17 -Award notifications to applicants from round #1 (Contractor)
December 21 - Round #2 review of applications (City/Contractor)
December 24 -Award notifications to applicants from round #2 (Contractor)
December 29 - Checks cut (Contractor)
VII. APPLICATION REQUIRED QUESTIONS
Content below for inclusion in online application hosted by Contractor.
State Requirements
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 (March 1 2020 to Dec 30 2020), the business incurred necessary
expenditures due to the COVID-19 public health emergency.
Cit3Ouestions/Requirements
For inclusion in online application hosted by Contractor.
City of Tigard business license number
Business Owner's Full Name
Business Owner's Email
Applicant's email and name if different from above.
Business Address
Business Phone
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Was your business impacted by recent closure from Executive Order 20-65
❑ Eating and Drinking Establishments
❑ Gyms and Fitness Businesses
❑ Indoor Entertainment Businesses
❑ Other Hospitality Businesses
Number of employees at end of 2019 number now
Have you received a previous business assistance grant from the city of Tigard?
Have you received CARES Act Funding- PPP/EIDL/EIDG
Are you an owner/operator?
2019 Business revenue (Gross) $
Were you in business before November 2019?
Business Sector (broad category predefined choices—restaurant,retail, personal services,
professional services,manufacturing, other)
Use of funds, check all that apply (document expense between March 1, 2020 and December 30,
2020):
❑ Rent
❑ Working capital (equipment,inventory,utilities,insurance, etc)
❑ Payroll
Total amount of expense covered by this grant request$
Contractor Questions/Content for application
Before starting the application,please read the following:
The form needs to be completed in one sitting, you cannot save and go back to complete.
Because of the fast deadline, attachments will be required at the same time as submitting the form.
This will speed up processing and review time. This does not mean that you are approved to
receive the funds.
Once started,the application will need the following. Please have them ready before you start the
application as incomplete applications will not be approved.
• State Business Registration #
• City of Tigard Business License #
• Profit and Loss Statement for any month to month comparison between March and
December 2019 to March and December 2020, or bank statements for the same time period.
Clearly highlight the business income for those months on the bank statements. Any other
document will be rejected. Please do not provide additional statements then what is
requested.
• W9 (Available online - https://www.irs.gov/pub/irs-12df/fw9.12df)
• Amount of CARES funding already received to date $
Attestation
141Page
All submitted forms are the property of the City of Tigard and Contractor for audit purposes. Contact
for questions: ti"ardsu1portnmesopdx.or9. All inquiries will be addressed as soon as possible.
Optional Demographic Information—Follow Tigard CARES round#1 format.
Not used as part of award consideration. (include this statement with each question.)
• Gender
• Ethnicity/Race
• Years in Business
Point System Calculated by Contractor (through online application)
1. GIS (scores provided by City of Tigard based on address)
2. Firms impacted by recent closure Ex Order 20-65
❑ Eating and Drinking Establishments (10 points)
❑ Gyms and Fitness Businesses (10 points)
❑ Indoor Entertainment Businesses (10 points)
❑ Other Hospitality Businesses (10 points)
3. Sole proprietors/owner operator (5 points)
4. Small businesses (priority for small firms with 5 or fewer employees). (5 points)
5. Small business (generating less than $100,000 per year in revenue). (5 points)
6. Previous business assistance grant from the city of Tigard? (-5 points)
7. Received CARES Act Funding- PPP/EIDL/EIDG (-5 points)
a. Use of Funds and Compliance with the CARES Act.
Contractor understands and agrees funds provided under this Agreement are an allocation from
the Coronavirus Relief Fund as created in Section 5001 of H.R. 748, the Coronavirus Aid, Relief
and Economic Security Act("CARES ACT's. Contractor understands and agrees that any services
provided by this Agreement will adhere to official federal guidance issued or to be issued as to
what constitutes a necessary expenditure. Contractor has reviewed the guidance established by the
U.S. Department of Treasury and warrants and represents that all services and expenditures will
meet the required guidance. Contractor agrees it will not use CARES Act Funds for services or
expenditures not provided between March 1, 2020 and December 30, 2020. And CARES Funds
not expended by December 30, 2020 shall be returned to the County.
b. Fund Record Keeping.
Contractor shall keep records and retain documentation of all services provided and all uses of
the CARES ACT funds, including but not limited to invoices and/or sales receipts as may be
applicable, in a manner consistent with §200.333 Retention requirement for records of 2CFR Part 200
Uniform Administrative Requirements, Cost PrincAles, and Audit Requirements for Federal Awards (Uniform
Guidance). Such documentation shall be produced to the County upon requires request and may
be subject to audit.
c. Disbursements Remain Subject to Recovery.
All disbursements and payment under this Agreement remain subject to recovery from
Contractor,in accordance with Recovery of Funding section below:
151Page
1. 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 Contractor with written notice thereof,with
a detailed spreadsheet providing supporting data of an under,over or misexpenditure,and
County and Contractor shall engage in the process described in the Recovery of
Underexpenditure, Overexpenditure or Misexpenditure section below.
2. Recovery of Underexpenditure, Overexpenditure or Misexpenditure.
a) Contractor's Response. Contractor 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 Contractor fails to respond within that 90
calendar-day time period, Contractor shall promptly pay the noticed
underexpenditure, overexpenditure or misexpenditure.
b) Appeals Process. Upon receipt of the final notice, if Contractor notifies County
that it wishes to engage in the Appeals Process, Contractor and County shall
engage in non-binding discussions to give the Contractor 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. Contractor
and County may negotiate an appropriate apportionment of responsibility for the
repayment of an underexpenditure, overexpenditure or misexpenditure. At
Contractor's request,County will meet and negotiate with Contractor in good faith
concerning appropriate apportionment of responsibility for repayment of an
underexpenditure, overexpenditure or misexpenditure. In determining an
appropriate apportionment of responsibility,Contractor 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
Contractor reach agreement on the amount owed to County, Contractor shall
promptly repay that amount to County by issuing payment to County. If County
and Contractor 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.
d. Required State and Federal Provisions
Contractor must adhere to the State of Oregon terms in Exhibit A and Exhibit E, incorporated
herein by reference.
Contractor must adhere to official federal guidance issued or to be issued on what constitutes a
necessary expenditure established by the U.S. Department of Treasury and small business grant
expenditures. This includes "ATTACHMENT R COVID-19 RESPONSE" that is required for
all Agreements that are funded in whole or in part by Federal Grant Funds and required in non-
Federal entity's contracts. Source: 2 CFR Part 200,Appendix II
161Page
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.
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:IIhome.treasurygov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-
Territorial-Local-and-Tribal-Governments.pdf
Additionally,the US Treasury has provided answers to frequently asked questions regarding eligible
costs under the Coronavirus Relief Fund:
https:IIhome.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;
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.
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
c. 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 ov/policy/Documents/EquityFrameworkCovid19 2020.pdf.
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
5. 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-
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@Iatinocommunityassociation.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
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.
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ECATS ATTACHMENT R-IGA For use with IGAs only
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.
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ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
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
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ECATS ATTACHMENT R-IGA For use with IGAs only—August 2020
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
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: hLtp://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
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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 Languaw:
(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
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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 parry 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.
III. 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.
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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
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%
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