HomeMy WebLinkAboutItem 08 Police Accreditation Consuting ServicesAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
2/6/2023
Regular Meeting
Lt. George Crolly/Police
541-726-3729
Consent Calendar
Strengthen Public Safety
by Leveraging
Partnerships and
Resources
ITEM TITLE: ACCREDITATION PROJECT CONSULTING SERVICES CONTRACT
ACTION
Approve the contract and authorize the City Manager to sign the contract to
REQUESTED:
establish consulting services supporting the Springfield Police Department
accreditation project.
ISSUE
The Police Department was awarded a grant supporting department accreditation, to
STATEMENT:
include contracted consulting services dedicated to the project.
ATTACHMENTS:
1. C3278 Flux Consulting Contract
DISCUSSION/
The Springfield Police Department was awarded $147,120 to support the
FINANCIAL
department's goal of becoming an accredited law enforcement agency. The grant
IMPACT:
award was sponsored by the U.S. Department of Justice, Office of Community
Oriented Policing Services (COPS) and issued under the 2022 FY22 Supporting
Law Enforcement Agencies in Seeking Accreditation solicitation. The grant award
was approved with proposed funding up to $133,120 for contracted services
dedicated to department's accreditation efforts. A memorandum regarding the
accreditation grant award was shared with City Council in the December 5, 2022
Council Packet.
Lieutenant George Crolly is Springfield Police Department's accreditation project
lead and was instrumental in selecting Flux Consulting to provide consulting
services. Flux Consulting will be relied upon to provide project management
support, policy recommendations aligning with industry best practices, and
supporting adherence to Oregon Accreditation Alliance accreditation and grant
requirements. Claire Ranit of Flux Consulting was initially contacted at the
recommendation of The Dalles Police Department after their agency contracted
with Ms. Ranit under a similar COPS grant to achieve department accreditation.
The attached contract and statement of work outlines project objectives, phases,
milestones, and timelines. Consulting services may begin upon execution of a
contract. Project completion is targeted on March 31, 2024, with a hard deadline of
August 31, 2024.
As previously noted, grant funding will fully support the consulting services
contract, which will span multiple fiscal years.
City Council is asked to approve and authorize the City Manager to sign the
contract for consulting services supporting the Springfield Police Department's
accreditation project.
ATTACHMENT
CITY OF SPRINGFIELD
CONTRACT FOR SERVICES
Contract #3278
Dated: February 7, 2023
Parties: City of Springfield AXCITY"
A Municipal Corporation of the State of Oregon
225 5t" Street
Springfield, OR 97477
and
Flux Consulting, LLC "Contractor"
Additional Contractor Information:
a) Type of Entity: ❑ Sole Proprietorship ❑ Partnership
® Limited Liability Comp ❑ Corporation
b) Address:
c) Telephone:
d) Fax No:
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non -
Procurement Programs found at: https://www.sam.gov/content/exclusions: ❑Yes ® No
City Account Number(s) To Be Charged (Include Percentages):
....................................................... ............................................__.....................................................__............... ........................................
........... Account Number Percentage
........................................................................................................................
204-06100-7000-6501991000/0
...........................................................................................................................................................................................................................:............
..................................................................................................................................................................................................................................................................................................................................:
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions, and conditions, in addition to the terms and conditions in any attached addenda:
1. Services to be Delivered. Contractor shall perform the Services and deliver to the City the
Deliverables specified in Attachment 1. The Statement of Work (Attachment 1) includes the
delivery schedule for the Deliverables and Services. Contractor will perform the Services in
accordance with the terms and conditions of this Contract.
2. Payment by City. The maximum, not -to -exceed compensation payable to Contractor under this
Contract, which includes any allowable expenses, is $133,120.00. City will not pay Contractor any
amount in excess of the not -to -exceed compensation of this Contract and will not pay for Services
performed before the Effective Date or after the expiration or termination of this Contract. If the
maximum compensation is increased by amendment of this Contract, the amendment must be
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Attachment 1 Page 1 of 17
fully effective before Contractor performs Services subject to the amendment. City will pay
Contractor for only for completed Deliverables and Services performed according to the schedule
and rates in Attachment 1.
3. Expenses. City will not pay or reimburse any expenses incurred by Contractor during the
completion of the Services except as authorized in the Statement Work or elsewhere in this
Contract.
4. Term. This Agreement is effective as of the date first set forth above and will continue until
August 31, 2024, unless earlier terminated in accordance with the provisions of this Agreement or
by mutual consent of the parties.
[Check as applicable to scope of services. Renewal term must be consistent with the solicitation.
Non Appropriation required for terms that span multiple fiscal years.]
4.1. ❑ Renewal. This Agreement may be extended for three (3) additional one-year terms upon
mutual agreement of the parties in writing.
4.2. ❑x Non -Appropriation. The obligation of the City to make payments beyond June 30, 2023
is subject to annual appropriation. To the extent that funds are appropriated to make those
payments for a given fiscal year, the full faith and credit of the City is pledged to the
payments for such fiscal year. The obligation of the City to make those payments is not
secured by the unlimited taxing power of the City and is not a general obligation of the City,
The City's obligation to make those payments in any year is subject to future appropriation of
funds by the City Council for the fiscal year in which the payment is due. In the event that
funds are not so appropriated, payments will not be made and this Agreement will be
terminated as of the date noted in this subsection 4.2.
5. Invoice. City will pay Contractor's invoices on Net 30 day terms upon City acceptance of Services
performed and Goods delivered as stated in section 7. Contractor must send invoices to: Accounts
Payable - City of Springfield, 225 5t" Street, Springfield, OR 97477 or email to ap(a)springfield-
or. ov. The invoice must reference this contract #3278 and approval code #363.
6. Overdue Charges. Contractor may assess overdue account charges to City on unpaid invoices
only as stated in this section. Overdue account charges must be the same as the usual overdue
account charges to the general clientele of the vendor. Overdue claims are only those claims that
have not been paid within 45 days of: the date of the City's receipt of the invoice, the date of the
initial billing statement if there is no invoice, or the date the claim is made certain by agreement
of the parties or by operation of law. However, no overdue account charges will accrue on any
purchases made by City during time of civil emergency or in the event of a natural disaster which
prevents the timely payment of accounts. In such instances accounts shall be paid in as timely a
manner as possible. The date of the check or automatic funds transfer in payment of the claims
will be used to determine if the claim has been paid in a timely manner. It is a rebuttable
presumption that the check was correctly dated.
7. Rejection of Deliverables. If City determines that a Deliverable does not have the
characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all
material respects, City will notify Contractor in writing of City's rejection of the Deliverable(s), and
describe in reasonable detail in such notice the City's basis for rejection of the Deliverable(s).
Within 21 days of receiving notice of non-acceptance, the Contractor must modify or improve the
Deliverables at Contractor's sole expense so that the Deliverable(s) meets the acceptance criteria
in all material respects, notify the City in writing that it has completed such modifications or
improvements, and re -tender the Deliverables to City. Within 21 days of Contractor's re -tender of
the Deliverable(s), City will review the modified or improved Deliverable(s). Failure of the
Deliverables to meet the acceptance criteria in all material respects after the second submission
will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify
Contractor of such default and instruct Contractor to modify or improve the Deliverables as set
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forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default
provided for by law or the terms of this Contract.
S. Contractor's Representations. Contractor represents that:
8.1. Contractor has the authority to enter into and perform according to this Contract, and
that this Contract, when executed and delivered, is a valid and binding obligation of
Contractor that is enforceable according to its terms;
8.2. Contractor has the skill and knowledge possessed by well-informed members of its industry,
trade or profession and Contractor will apply that skill and knowledge with care and diligence
and perform Services in a timely, professional, and skillful manner according to standards
applicable to Contractor's industry, trade, or profession; and
8.3. Contractor is, and must be at all times during the term of this Contract, qualified,
professionally competent, and duly licensed to perform Services.
9. Sourcing. SMC 2.708 3(e)
10. First Point of Contact.
Flux Consulting LLC - Claire Ranit, ranitclaire@gmail.com; 541-968-4788
City- Lieutenant George Crolly, 541.744.4165, gcrolly@springfield-or.gov
11. Indemnification and Hold Harmless.
11.1. Contractor agrees to indemnify, defend, and hold harmless the City and its officers,
agents and employees from and against all claims, actions, liabilities, loss, and costs including
attorney's fees and costs of defense, arising in whole or in part from the acts or omissions of
Contractor, and Contractor's subcontractors, officers, agents, and employees, in performance
of this contract.
11.2. In the event any such action or claim is brought against City, upon tender by City,
Contractor will defend the same at Contractor's sole cost and expense, promptly satisfy any
judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss,
cost, damage or expense, including attorney fees, suffered or incurred by City. City shall
notify Contractor, within a reasonable time, of any claim, threat of claim or legal action.
11.3. Notwithstanding subsections 11.1 and 11.2, neither Contractor nor any attorney engaged
by Contractor will defend any claim in the name of the City, nor purport to act as legal
representative of the City, without the prior written consent of the City Attorney's Office.
CITY may, at any time and at its election, assume its own defense and settlement of any
claims. City reserves all rights to pursue any claims it may have against Contractor if the City
elects to assume its own defense.
11.4. This Section 11 does not include indemnification by Contractor for losses, claims, or
actions resulting from the sole negligence of City or its officers, agents, and employees,
whether within the scope of the Contract or otherwise.
12. Insurance.
12.1. Required Coverages. Contractor must obtain at Contractor's expense, and require its
first tier contractors and subcontractors, if any, to obtain the insurance specified in this
section 12 prior to performing under this Contract, and must maintain it in full force and at its
own expense throughout the duration of this Contract, as required by any extended reporting
period or tail coverage requirements, and all warranty periods that apply. Contractor must
obtain and require its first-tier contractors and subcontractors, if any, to obtain the following
insurance from insurance companies or entities acceptable to City and authorized to transact
the business of insurance and issue coverage in Oregon. Contractor acknowledges that
insurance specified in this section does not limit indemnification responsibilities specified in
section 11 Indemnification.
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12.1.1. General Insurance. Commercial general liability insurance covering bodily
injury and property damage in a form and with coverage that are satisfactory to City.
This insurance must include personal and advertising injury liability, products and
completed operations, contractual liability coverage for the indemnity provided under
this Grant, and have no limitation of coverage to designated premises, project or
operation. Coverage must be written on an occurrence basis in an amount of not less
than $2,000,000 per occurrence. Annual aggregate limit may not be less than
$3,000,000.
12.1.2. Automobile Liability Insurance. Automobile liability insurance covering
Contractor's business use including coverage for all owned, non -owned, or hired vehicles
with a combined single limit of not less than $1,000,000 for bodily injury and property
damage. This coverage may be written in combination with the commercial general
liability insurance (with separate limits for commercial general liability and automobile
liability). Use of personal automobile liability insurance coverage may be acceptable if
Contractor provides evidence that the policy includes a business use endorsement.
12.1.3. Workers' Compensation. Contractor must provide and maintain workers'
compensation coverage with limits not less than $500,000 for its employees, officers,
agents, or partners, as required by applicable workers' compensation laws as defined in
ORS 656.027 and ORS 701.035(5). If Contractor is exempt from coverage, a written
statement signed by Contractor so stating the reason for exemption must be provided to
the City.
12.2. Additional Coverages.
12.2.1. ® Professional Liability. Contractor shall maintain a professional liability
insurance policy reflecting limits of not less than $2,000,000 for claims for professional
acts, errors or omissions arising from the Work. The policy may be written on a "claims
made" form. Contractor shall maintain the professional liability insurance coverage for at
least one year after the completion of the work. The policy shall contain an endorsement
entitling the City not less than 60 days prior written notice of cancellation of such policy
12.2.2. ❑ Cybersecurity. Contractor shall maintain in force during the duration of this
agreement a cybersecurity policy with limits not less than $2,000,000.
12.3. Excess/Umbrella Insurance. A combination of primary and excess/umbrella insurance may
be used to meet the required limits of insurance.
12.4. Additional Insured. All insurance, except for workers' compensation, professional liability,
and network security and privacy liability (if applicable), required under this Contract must
include an additional insured endorsement specifying the City and its officers, employees and
agents as Additional Insureds, including additional insured status with respect to liability arising
out of ongoing operations and completed operations, but only with respect to Contractor's
activities to be performed under this Contract. Coverage must be primary and non-contributory
with any other insurance and self-insurance. The Additional Insured endorsement with respect to
liability arising out of Contractor's ongoing operations must be on ISO Form CG 20 10 07 04 or
equivalent and the Additional Insured endorsement with respect to completed operations must be
on ISO form CG 20 37 04 13 or equivalent.
12.5. Waiver of Subrogation. Contractor waives, and must require its first tier contractors
and subcontractors waive, rights of subrogation which Contractor, Contractor's first tier
contractors and subcontractors, if any, or any insurer of Contractor may acquire against the
City by virtue of the payment of any loss. Contractor must obtain, and require its first tier
contractors and subcontractors to obtain, any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the Contractor or the Contractor's
insurer(s).
12.6. Tail Coverage. If any of the required insurance is on a claims made basis and does not
include an extended reporting period of at least 24 months, Contractor must maintain, and
require its first tier contractors and subcontractors, if any, maintain, either tail coverage or
continuous claims made liability coverage, provided the effective date of the continuous
claims made coverage is on or before the Effective Date of this Contract, for a minimum of
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24 months following the later of (i) Contractor's completion and City's acceptance of all
Goods and Services provided under this Contract, or, (ii) City or Contractor termination of this
Contract, or, (iii) the expiration of all warranty periods provided under this Contract.
12.7. Evidence of Insurance Coverage. Evidence of the required insurance coverages
issued by an insurance company satisfactory to the City shall be provided to the City by way
of a City approved certificate of insurance before any work or services commence.
12.8. Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Contractor shall provide written notice to the City contract
manager within two days after the Contractor becomes aware that their coverage has been
canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said
notice or email it directly to City Finance Department at purchasing@springfield-or.gov.
Regardless of what circumstances cause Contractor's insurance coverage to cease or be
modified, it is the Contractor's responsibility to notify the City. Failure to maintain proper
insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract. (Contractor initials)
12.9. Equipment and Material. Contractor shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work.
13. Independent Contractor Status, Tax duties and Liabilities.
13.1. Contractor will perform all Services as an independent contractor. Although City may (a)
determine and modify the delivery schedule for Goods to be delivered and Services to be
performed and (b) evaluate the quality of the completed performance, City cannot and will
not control the means or manner of Contractor's performance. Contractor is responsible for
determining the appropriate means and manner of performing any Services required under
this Contract. Contractor is not an "officer," "employee," or "agent" of City as those terms
are used in ORS 30.265.
13.2. Contractor shall be responsible for all federal, state, and local taxes, if any, applicable to
any payments received pursuant to this Agreement, including but not limited to income tax,
payroll tax, social security and self-employment tax. City will not withhold, pay, or in any
other manner be responsible for payment of any taxes on behalf of Contractor. Contractor is
not eligible for any social security, unemployment insurance, or workers' compensation
benefits from compensation or payments paid to Contractor under this Contract.
14. Legal Representation. This Agreement was prepared by the City. Contractor has had the
opportunity to have this Agreement reviewed by its own legal counsel prior to its execution.
15. Venue and Choice of Law. Venue for litigation concerning this Agreement rests exclusively with
the court of the State of Oregon for Lane County. Any dispute arising under this Agreement will be
governed by the law of the State of Oregon.
16. Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of God or
other circumstances beyond Contractor's reasonable control, City may terminate this Agreement in
writing to Contractor after determining such delay or default will unreasonably prevent successful
performance of the Contract. If City elects not to terminate the Contract, Contractor will be
entitled to additional time to complete the Contract equal to that lost by an or all of the above
causes.
17. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict
with any law, the validity of the remaining terms and provisions will not be affected; the rights
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and obligations of the parties will be construed and enforced as if the Agreement did not contain
the particular provision held to be invalid.
18. Records & Data.
18.1. Access to Data. City and its duly authorized representatives shall have access to books,
documents, papers and records of Contractor which are directly pertinent to this Agreement
for the purpose of making audit, examination, excerpts and transcripts.
18.2. ❑x Rights in Data. All original written material in whatever form, whether print or digital,
prepared for City pursuant to this Agreement, is the exclusively the property of the City. The
ideas, concepts, know-how, or techniques developed during the course of this Agreement by
Contractor personnel can be used by either party in any way it may deem appropriate.
Material already in Contractor's possession, independently developed by Contractor outside
the scope of this Agreement, or rightfully obtained by Contractor from third parties, belong to
Contractor. This Agreement does not preclude Contractor from developing materials which
are competitive, irrespective of their similarity to materials which might be delivered to the
City pursuant to this Agreement. Contractor will not, however, use any written materials
developed under this Agreement in developing materials for others, except as provided in this
section.
19. Confidentiality. During the course of performance hereunder, Contractor or its agent,
employees, or contractors, may receive confidential information. Contractor agrees to use its best
efforts to maintain the confidentiality of such information and to inform each agent and employee
performing services of the confidentiality obligation that pertains to such information.
19.1. Additional Provisions. Contractor must comply with the terms and conditions in the
followed addenda, incorporated by reference, in the receipt and handling of confidential
information:
❑x Confidential Information Addenda
❑ Business Associate Agreement (HIIPAA Compliance) Addenda
❑x Federal Grant Funding Contract Addenda
20. Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by City of the right to such performance in the future nor of the right to enforce
any other provision of this Agreement.
21. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, without prior written approval of City. No
modification of this Agreement shall bind either party unless reduced to writing and subscribed by
both parties, or ordered by a Court.
22. Termination. The performance of work under this Agreement may be terminated by City, in
whole or in part, whenever for any reason City shall determine that such termination is in the best
interest of City. Any such termination shall be effected by delivery to the Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Contractor
of a Notice of Termination under this paragraph, the Contractor and City shall, by agreement,
make an appropriate written modification to this Agreement governing completion of portions of
the Contractor's work and payment therefore by CITY.
23. Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or sublet
rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior
written approval of City. No such written approval shall relieve Contractor of any obligations of
this Agreement, and any transferee or subcontractor shall be considered the agent of Contractor.
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Contractor shall remain liable as between the original parties to this Agreement as if no such
assignment had occurred.
24. Compliance with All Government Regulations. Contractor shall comply with all Federal,
State and local laws, codes, regulations and ordinances applicable to the work performed under
this Agreement. Failure to comply with such requirements shall constitute a breach of contract
and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Contractor. This section includes, but is not
limited to, compliance with all applicable requirements of Federal and State civil rights statutes,
rules, and regulations, and all applicable provisions of the Americans with Disabilities Act of 1990,
42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.
25. Attorney Fees. Except for defense costs and expenses pursuant to section 12, neither City nor
Contractor is entitled to recover attorney's fees, court and investigative costs, or any other fees or
expenses associated with pursuing a remedy for damages arising out of or relating to this
Contract.
26. Construction of Agreement. This Contract shall not be construed more favorably to City due
to the preparation of this Contract by City. The headings and subheadings in this Contract are for
convenience, do not form a part of this Contract, and shall not be used in construing this Contract.
27. Entire Agreement. This Agreement signed by both parties is the parties' final and entire
Agreement and supersedes all prior and contemporaneous oral or written communications
between the parties, their agents and representatives. There are no representations, promises,
terms, conditions or obligations other than those contained herein.
CITY OF SPRINGFIELD:
CONTRACTOR:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
REVIEWED & APPROVED
AS TO FORM
KrGatuxa kt'aa�
DATE:
SPRINGFIELD CITY ATTORNEY'S OFFICE
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City of Springfield Public Contract Addendum
Required Contract Terms Under ORS 279B — Goods, Services, and Personal Services
Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable:
1. The contractor must make payment promptly, as due, to all persons supplying to the contractor labor or material for
the performance of the work provided for in the contract. ORS 27913.220(1).
2. The contractor must pay all contributions or amounts due the Industrial Accident Fund from the contractor or
subcontractor incurred in the performance of the contract. ORS 279B.220(2).
3. That contractor must not permit any lien or claim to be filed or prosecuted against the state or a county, school
district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS
279B.220(3).
4. The contractor must pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS
279B.220(4).
5. If the agreement is for lawn and landscape maintenance, Contractor must salvage, recycle, compost or mulch yard
waste material at an approved site, if feasible and cost-effective. ORS 27913.225.
6. The contractor must promptly, as due, make payment to any person, co -partnership, association or corporation
furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or
injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all
moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or
agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017.
ORS 27913.230.
7. A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases
of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of
contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half
pay:
a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five
consecutive days; or
b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c. For all work performed on Saturday and on any legal holiday specified in ORS 27913.020.
8. An employer 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 posting 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. ORS 279B.235(1)-(2).
9. If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at
least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under
personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from
receiving overtime. ORS 279B.235(3).
10. If the contract is for services, persons employed under contracts shall receive at least time and half pay for work
performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and
for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is
greater. Contractor shall give notice in writing to employees who work on a contract for services, either at the time
of hire or before commencement of work on the contract, or by posting a notice in a location frequented by
employees, of the number hours per day and days per week that the employees may be required to work. ORS
2798.235(5).
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Confidential Information Addendum
1. "Protected Information" shall be defined as data or information that has been designated as private or
confidential by law or by the City. Protected Information includes, but is not limited to, employment records,
medical records, personal financial records (or other personally identifiable information), trade secrets, and
classified government information. To the extent there is any uncertainty as to whether any data constitutes
Protected Information, the data in question shall be treated as Protected Information until a determination is
made by the City or proper legal authority.
2. Data Confidentiality. Independent Contractor shall implement appropriate measures designed to ensure the
confidentiality and security of Protected Information, protect against any anticipated hazards or threats to the
integrity or security of such information, protect against unauthorized access or disclosure of information, and
prevent any other action of unauthorized disclosure that could result in substantial harm to the City or an
individual identified with the data or information in Independent Contractor's custody or access.
To the extent that Independent Contractor may have access to City protected health information (as the same is
defined in the privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), as amended, and the implementing regulations known and referred to as Privacy Rule,
Security Rule, Enforcement Rule and Breach Notification Rule, referred to herein collectively as "HIPAX),
Independent Contractor agrees to protect such information in compliance with HIPAA and represents that it
has the processes, systems and training to assure compliance with the same.
3. Data and Network Security. Independent Contractor agrees at all times to maintain commercially reasonable
network security that, at a minimum, includes: network firewall provisioning, intrusion
detection/prevention and periodic third party penetration testing. Likewise Independent Contractor agrees to
maintain network security that at a minimum conforms to current standards set forth and maintained by the
National Institute of Standards and Technology, including those at: http:Hchecklists.nist. og v/repository.
Independent Contractor agrees to protect and maintain the security of data with protection security measures
that include maintaining secure environments that are patched and up to date with all appropriate security
updates as designated by a relevant authority.
4. Security Breach. In the event of a security breach of data owned or developed by the City , Independent
Contractor will notify the City IT Director without unreasonable delay and in no case later than 30 days after
discovery of the breach or incident. Independent Contractor will be responsible for all remedial action
necessary to correct the breach; provided however, that Independent Contractor will not undertake ligation on
behalf of the City without prior written consent.
5. Data Storage and Backup. Independent Contractor agrees that any and all City data will be stored, processed,
and maintained solely on designated servers and that no City data at any time will be processed on or
transferred to any portable or laptop computing device or any portable storage medium, unless that storage
medium is in use as part of the Independent Contractor's designated backup and recovery processes. All
servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the
states, districts, and territories of the United States unless specifically agreed to in writing by an City officer
with designated data, security, or signature authority. An appropriate officer with the necessary authority can
be identified by the City Information Security Officer for any general or specific case.
Independent Contractor agrees to store all City backup data stored as part of its backup and recovery processes
in encrypted form, using no less than AES 256.
6. Data Re -Use. Independent Contractor agrees that any and all Customer data exchanged shall be used
expressly and solely for the purposes enumerated in the Agreement. Customer data shall not be distributed,
repurposed or shared across other applications, environments, or business units of Independent Contractor.
Independent Contractor further agrees that no Customer data of any kind shall be revealed, transmitted,
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Attachment 1 Page 9 of 17
exchanged or otherwise passed to other Independent Contractor or interested parties except on a case-by-case
basis as specifically agreed to in writing by a City officer with designated data, security, or signature authority.
7. PCI Compliance. Independent Contractor agrees to comply with PCI DSS (Payment Card Industry Data
Security Standard). As evidence of compliance, Independent Contractor shall provide upon request a current
attestation of compliance signed by a PCI QSA (Qualified Security Assessor).
8. End of Agreement Data Handling. Independent Contractor agrees that upon termination of this Agreement it
shall erase, destroy, and render unreadable all City data in its entirety in a manner that prevents its
physical reconstruction through the use of commonly available file restoration utilities, and certify in writing
that these actions have been completed within 30 days of the termination of this Agreement or within 7 days of
the request of an agent of City whichever shall come first.
9. Mandatory Disclosure of Protected Information. If Independent Contractor becomes compelled by law or
regulation (including securities' laws) to disclose any Protected Information, Independent Contractor will
provide City with prompt written notice so that City may seek an appropriate protective order or other remedy.
If a remedy acceptable to City is not obtained by the date that Independent Contractor must comply with the
request, Independent Contractor will furnish only that portion of the Protected Information that it is legally
required to furnish, and the Independent Contractor shall require any recipient of the Protected Information tc
exercise commercially reasonable efforts to keep the Protected Information confidential.
10. Remedies for Disclosure of Confidential Information. Independent Contractor and City acknowledge that
unauthorized disclosure or use of the Protected Information may irreparably damage City in such a way that
adequate compensation could not be obtained from damages in an action at law. Accordingly, the actual or
threatened unauthorized disclosure or use of any Protected Information shall give City the right to seek
injunctive relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise
available (including reasonable attorneys' fees). Independent Contractor hereby waives the posting of a bond
with respect to any action for injunctive relief. Independent Contractor further grants City the right, but not
the obligation, to enforce these provisions in Independent Contractor's name against any of Independent
Contractor's employees, officers, board members, owners, representatives, agents, contractors, and
subcontractors violating the above provisions.
11. Non -Disclosure. Independent Contractor is permitted to disclose Confidential Information to its employees,
authorized subcontractors, agents, consultants and auditors on a need to know basis only, provided that all
such subcontractors, agents, consultants and auditors have written confidentiality obligations to both
Independent Contractor and City.
12. Criminal Background Check. City shall perform criminal background checks on all talent assigned to this
project before a person is allowed to work on any of the City's Criminal Justice Information System (CJIS)
protected data, software systems or facilities. For access to any area where CJI information is stored or
transmitted Independent Contractor's employees shall possess Level 4 certification.
13. Survival. The confidentiality obligations shall survive termination of any agreement with Independent
Contractor for a period of ten (10) years or for so long as the information remains confidential, whichever is
longer and will inure to the benefit of City.
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Attachment 1 Page 10 of 17
CITY OF SPRINGFIELD - FEDERAL GRANT FUNDING
CONTRACT ADDENDUM
Funding for this Agreement is being provided in whole or in part to the City of Springfield via a grant
from the U.S. Department of Justice, Office of Community Oriented Policing Services ("Federal Grant
Agency"). Contractor ("contractor") agrees to the following terms and conditions required under 2 CFR
part 200, Appendix II and any other requirements imposed by the Federal Grant Agency. Where the
terms of this addendum conflict with other contract terms, the terms in this addendum will prevail.
1. Debarment and Suspension.
1.1. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the contractor is required to verify that none of the contractor's principals (defined at
2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
1.2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
1.3. This certification is a material representation of fact relied upon by the City of Springfield. If it
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to City of Springfield, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
1.4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
2. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or
bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §
1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the recipient who in turn will forward the certification(s) to the awarding agency._
3. Domestic Preference for Goods. Contractor shall, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subcontracts including all
contracts and purchase orders for work or products. As used in this paragraph, "produced in the
United States" and "manufactured products" have the same meanings described in 2 C.F.R.
200.322.
4. Davis -Bacon Act. Construction contracts in excess of $2,000 that are subject to the Davis -Bacon
Act, as amended (40 U.S.C. 3141-3148) must comply with the following terms and conditions.
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{00027592:1} FEDERAL GRANT FUND�W�C�RI TRVaQ.I�FtI Pyp - PAGE 1 OF 4
4.1. Contractor must comply with the Davis—Bacon Act as supplemented by Department of Labor
regulations (29 CFR Part 5, 'Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction'. In accordance with the statute, Contractor
must pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in the current wage determination made by the Secretary of Labor. In addition,
Contractor must pay wages not less than once a week.
4.2. Award of this Agreement is conditioned upon Contractor's acceptance of the current wage
determination.
4.3. Contractor must comply with the Copeland "Anti—Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States'. The Act provides that each contractor or subrecipient must be
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.
4.4. The City must report all suspected or reported violations of this section 4 by the Contractor to
the Federal awarding agency.
Equal Employment Opportunity. If the total price paid to the Contractor under this Agreement
is in excess of $100,000 and the Scope of Work involves employment of mechanics or laborers,
Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor must 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.
6. Procurement of Recovered Materials. The requirements of this section apply when the
purchase price of an item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; when procuring solid waste management services in a manner that
maximizes energy and resource recovery; and when establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
6.1. In the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired competitively within a timeframe providing for compliance with the Agreement
performance schedule, meeting Agreement performance requirements, or at a reasonable
price.
6.2. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
6.3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
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7. Environmental Compliance. Contractor agrees to 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 must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
8. Changes. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of the City. No modification of
this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
9. Termination. The performance of work under this Agreement may be terminated by the City, in
whole or in part, whenever for any reason that the City determines is in its best interest. Any such
termination takes effect upon delivery to the contractor of written notice that the Agreement is
being terminated in whole or in part, and specifying the extent to which performance of the work
under the Agreement is terminated and the date on which such termination is effective. The City
and contractor may agree to terms governing completion of any portions of the contractor's work
and payment therefore by City.
10. Access to Records. The following access to records requirements apply to this Agreement and
survive termination of this Agreement:
10.1. The Contractor agrees to provide Federal Grant Agency officials and any of their
authorized representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this Agreement for the purposes of making audits,
examinations, excerpts, and transcriptions.
10.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
10.3. The Contractor agrees to provide the Federal Grant Agency's authorized representatives
access to construction or other work sites pertaining to the work being completed under the
Agreement.
10.4. Contractor acknowledges and agrees that no language in this Agreement is intended to
prohibit audits or internal reviews by the Federal Grant Agency.
11. Federal Grant Agency Logo and Seal. The contractor shall not use the Federal Grant Agency
seal(s), logos, crests, or reproductions of flags or likenesses of Federal Grant Agency officials
without specific pre -approval.
12. Compliance with Federal Law. This is an acknowledgement that Federal Grant Agency financial
assistance will be used to fund all or a portion of the Agreement. The contractor will comply with all
applicable Federal law, regulations, executive orders, Federal Grant Agency policies, procedures,
and directives.
13. No obligation by Federal Government. The Federal Grant Agency is not party to this
Agreement and is not subject to any obligations or liabilities to the non -Federal entity, contractor,
or any other party pertaining to any matter resulting from the contract.
14. False Claims Act. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
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15. Additional Federal Grant Agency Requirements:
15.1. Public Release Information: The Contractor agrees to submit one copy of all reports and
proposed publications resulting from this award to City reasonably in advance, to allow the City
to submit to the Federal Grant Agency ninety (90) days prior to public release. Any publications
(written, curricula, visual, sound, or websites) or computer programs, whether or not published
at government expense, shall contain the following statement:
"This project was supported, in whole or in part, by federal award number 15JCOPS-22-GG-
04552-PPSE awarded to City of Springfield by the U.S. Department of Justice, Office of
Community Oriented Policing Services. The opinions contained herein are those of the
author(s) or contributor(s) and do not necessarily represent the official position or policies of
the U.S. Department of Justice. References to specific individuals, agencies, companies,
products, or services should not be considered an endorsement by the author(s),
contributor(s), or the U.S. Department of Justice. Rather, the references are illustrations to
supplement discussion of the issues.
The Internet references cited in this publication were valid as of the date of publication. Given
that URLs and websites are in constant flux, neither the author(s) nor the COPS Office can
vouch for their current validity."
15.2. City may copyright any work that is subject to copyright and was developed, or for
which ownership was acquired, in accordance with 2 C.F.R. § 200.315(b). The COPS Office
reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or
otherwise use the work, in whole or in part (including create derivative works), for Federal
Government purposes, and to authorize others to do so. The COPS Office also reserves the
right, at its discretion, not to publish deliverables and other materials developed under this
award as a U.S. Department of Justice resource.
Products and deliverables developed with award funds and published as a U.S. Department of
Justice resource will contain the following copyright notice:
"This resource was developed under a federal award and may be subject to copyright. The
U.S. Department of Justice reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use the work for Federal Government purposes and to
authorize others to do so. This resource may be freely distributed and used for noncommercial
and educational purposes only."
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Attachment 1
Statement of Work
Purpose of Project:
The Springfield Police Department (SPD, Department) desires to become an Oregon accredited police agency. To
support this goal, the Department wishes to engage the services of an independent contractor with specific skills in
project management, organization and project delivery. The work will involve access to sensitive documents, policies
and police procedures. Therefore, Oregon Criminal Justice Information Systems (CJIS) access clearance is required. The
contractor will work in close collaboration with the Support Services Lieutenant, Command Staff, project team, line
officers, the Federal Community Oriented Policing (COPS) Office, and Oregon Accreditation Alliance (OAA) staff to
deliver completion of the accreditation process.
Desired Outcomes/Project Objectives
• To achieve unqualified accreditation for SPD from the Oregon Accreditation Alliance.
• To support and adhere to COPS grant requirements in conjunction with the accreditation effort.
City Project Manager
Lt. George Crolly, gcrolly@springfield-or.gov, 541.744.4165
Contractor Project Manager
Claire Ranit, ranitclaire@gmail.com; 541-968-4788
Project Information and Timeline
Project Title: The Springfield Department Accreditation Project
Grant Funding Opportunity Number (US Department of Justice): O -COPS -2022-171171 Community Policing
Development (CPD) Accreditation Solicitation, City of Springfield awarded grant 15JCOPS-22-GG-04552-PPSE
Project Scope: Initiate, execute and conclude the OAA Accreditation process.
Project Period of Performance: February 2023 to August 31, 2024. It is the intention of the Department that
the project complete prior to March 31, 2024 but August 31, 2024 represents a hard deadline.
Physical Location: Work may be conducted remotely within the United States with onsite and online meetings
as well as other means of communication.
Supplies and Equipment: Contractor will provide all supplies and equipment necessary to perform the functions
required with the exception of devices that may be required to access police records. For that job function, only
City owned devices and associated security protocols will be permitted.
Proposed Budget and Talent
Not to Exceed Total: $133,120
Payment Rate: $80/hour, which equates to 1,664 Hours to be utilized for 20-32 hours per week over 12-18 months.
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Attachment 1
Statement of Work
Payment terms: Contractor will invoice monthly with a detailing of hours expended and remaining with total cost of
monthly effort.
Talent: Contractor Project Manager or other contractor staff, preapproved by Department.
Worker Citizenship: Contractor certifies that they are a United States Citizen.
Project Major Milestones or Tasks (including Contractor and Department responsibilities)
Scope of Work (in three phases):
Phase 1, Exploration
In this phase contractor sets up the project for success. They will begin to understand the project, interact with
OAA staff, SPD Staff and COPS Staff. Contractor will read and understand the project documentation.
Contractor will learn and facilitate training with project tools (Power DMS records management system etc.).
Contractor will establish a realistic schedule to accomplish the project objective by March 31, 2024. Contractor
will establish key milestones that constitute checkpoints for project progress and success. Contractor will
establish project documentation and reporting that is easily understood and serves as a monitoring tool to
ensure that timelines and milestones are met. Contractor establishes standing meetings using available
calendaring and collaboration tools. Contractor suggests recurring status reports that ensure collaboration and
clear communication. Contractor understands budgetary constraints and opportunities and assists the project
sponsor in budgetary tracking and reporting in all phases.
Phase 2. Execution
In this phase the contractor fully understands the level of effort necessary and has allocated the correct number
of hours to the project to ensure completion. The contractor collaborates with stakeholders, sponsorship and
the OAA to work through the accreditation process. The contractor keeps the project sponsor informed of any
impediments to success as well as areas of organizational change to enable accreditation. In this phase
contractor will locate and organize necessary department training or identify training opportunities for
individuals to further the accreditation effort. The contractor spends considerable time locating policies and
proofs of compliance and loading them into the OAA records management system. Contractor closely examines
policies and identifies shortcomings, absences or adjustments and makes recommendations to the sponsor for
improvement. Contractor collaborates with staff and partners including the OAA, Oregon Association of Chiefs
of Police, and Federal COPS office and others to ensure best practice in policy development and adoption.
Phase 3, Project Close Out
In this phase all requirements of the OAA are thought to be met. Contractor reviews all aspects of the
accreditation process and ensures that deliverables and objectives are met. Outstanding items are resolved and
any "punch list" of items that were put on hold or saved for later work are complete. Contractor takes a
forward look towards continued accreditation and sets reminders and planning items in motion to ensure
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Attachment 1 Page 16 of 17
Attachment 1
Statement of Work
ongoing accreditation past the term of this current project. Contractor collaborates with staff, sponsor and OAA
evaluators to demonstrate compliance. Project is complete when the Springfield Police Department is awarded
accreditation from the OAA, and planning exists to continue as an accredited agency into the foreseeable future.
By the nature of this work all or part of this work may extend beyond a single phase or be required in each
phase.
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