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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 9:1 REV JAN 2022 C3278, Page 1 of 17 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 9:1 REV JAN 2022 C3278, Page 2 of 17 Attachment 1 Page 2 of 17 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. 9:1 REV JAN 2022 C3278, Page 3 of 17 Attachment 1 Page 3 of 17 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 9:11 REV JAN 2022 C3278, Page 4 of 17 Attachment 1 Page 4 of 17 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 9:1 REV JAN 2022 C3278, Page 5 of 17 Attachment 1 Page 5 of 17 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. 9:1 REV JAN 2022 C3278, Page 6 of 17 Attachment 1 Page 6 of 17 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 9:1 C3278, Page 7 of 17 Attachment 1 Page 7 of 17 REV JAN 2022 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). C3278, Page 8 of 17 {00023719:1} Attachment 1 Page 8 of 17 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, C3278, Page 9 of 17 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. C3278, Page 10 of 17 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. C3278, Page 11 of 17 {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. C3278, Page 12 of 17 {00027592:1} FEDERAL GRANT FUND�W�C�R�TRCPTaQ. )y�� Pyp - PAGE 2 OF 4 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. C3278, Page 13 of 17 {00027592:1} FEDERAL GRANT FUND�W�C�rR�TR Ar)yy �Qyp - PAGE 3 OF 4 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." C3278, Page 14 of 17 {00027592:1} FEDERAL GRANT FUND�W�C�rR�TR Pia )yffyp - PAGE 4 OF 4 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. C3278 SOW C3278, Page 15 of 17 Attachment 1 Page 15 of 17 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 C3278 SOW C3278, Page 16 of 17 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. C3278 SOW C3278, Page 17 of 17 Attachment 1 Page 17 of 17