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20-149.01 Spokane Valley Chamber: CARES Act Coronavirus Relief Fund CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND GREATER SPOKANE VALLEY CHAMBER OF COMMERCE Spokane Valley Contract#20-149.01 WHEREAS,Section 601(a)of the Social Security Act,as added by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act("CARES Act")(PL 116-136),established the Coronavirus Relief Fund (the "Fund") and appropriated$150 billion under Title V of the CARES Act to the Fund to be used to make payments for specified uses to States and certain local governments; and WHEREAS, on September 10, 2020, the City was notified that it was awarded an additional $1,450,000 of Fund resources to reimburse certain additional local governments in the state for specified expenditures through contracts administered by the State Department of Commerce("Commerce")and that the time for use of such funds was extended from October 31,2020 to November 30, 2020; and WHEREAS, the City entered into an amendment to the Interagency Agreement with Commerce regarding acceptance of the additional amounts from the Fund and extending the period of use from October 31,2020 to November 30,2020. NOW THEREFORE,for good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and the Subrecipient mutually agree as follows: 1. Purpose: This Amendment is for the Contract for Greater Spokane Valley Chamber of Commerce to distribute Spokane Valley CARES Act funds to small businesses and non-profit organizations that need assistance as a direct result of the COVID-19 pandemic by and between the Parties,executed by the Parties on September XX, 2020, and which terminates on October 31, 2020. Said contract is referred to as the "Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3.Amendment Provisions:This Amendment is subject to the following amended provisions: The Scope of Services set forth in EXHIBIT A is amended and replaced as provided in the attached Amended Scope of Services, a copy of which is attached as Exhibit A-1 and incorporated by reference. All references to Scope of Services shall be deemed to refer to the Amended Scope of Services. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract,including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment # 1 of the Original Contract. There is no modification to the compensation amounts or other terms of the Original Contract. CARES Act Amendment# 1 -(Small Business and Non-Profit) Page 1 of 5 The parties have executed this Amendment to the Original Contract this day of October,2020. CITY OF SPOKANE VALLEY: SUBRECIPIENT: /SL k Calhoun By:Lvsnfe. Pre Sic)e•.} lF CIE) City Manager Its:Authorized Representative PRO S TO FORM: Office of e City Attorney CARES Act Amendment#1 -(SmalI Business and Non-Profit) Page 2 of 5 EXHIBIT A-1 AMENDED SCOPE OF SERVICES The Greater Spokane Valley Chamber of Commerce (Chamber) shall administer the application process for the City of Spokane Valley's Small Business and Nonprofit CARES Act Financial Assistance Program for small businesses and nonprofit organizations located and operating within the City of Spokane Valley that are directly impacted by the COVID-19 pandemic from March 1, 2020 through October 31, 2020 November 30,2020. The Chamber shall: 1. Establish a grant review committee with members from the Chamber and as necessary Greater Spokane Incorporated, Innovia Foundation,and the City; 2. Provide application, eligibility, and selection processes with appropriate internal controls to prevent misuse of funds. Selection shall occur on a lottery basis. The pool of eligible entities shall consist of all eligible entities that apply during the City's application period, as well as from any eligible entities that applied to the similar Spokane County financial assistance program,known as the OpenTogether Small Business and Non-Profit Grant. For-profit businesses that were awarded funds under the OpenTogether Small Business and Non-Profit Grant shall be ineligible to receive a City award, except those sole proprietorships and independent contractors that were awarded less than $7,158,which shall be eligible to receive the difference between$7,158 and the amount received under the OpenTogether Grant; 3. Review applications using the following eligibility criteria: a. 18 or fewer FTEs as of March 1,2020; b. For-profit businesses must have a current Spokane Valley business license and be located within the City of Spokane Valley. Non-profit businesses must provide at least 18.65% of their total services within the boundaries of the City of Spokane Valley (Percentage is based on City's population as a percentage of the total Spokane County population, based on April 1,2020 Population Estimates from OFM). If applicable, non- profit entities must have a Spokane Valley business license. c. Minimum annual budget/revenues of$10,000; d. Expenditures incurred to date and amount of lost revenue 2020 as a direct result of the COVID-19 pandemic. The Parties shall determine an appropriate methodology on how to identify lost revenue that meets all applicable CARES Act, Treasury, and Commerce requirements. The expenditures and lost revenue will assist in determining the amount of award; e.Meets Federal CARES Act requirements: i.The expense is connected to the COVID-19 emergency. ii. The expense is"necessary." CARES Act Amendment# 1 -(Small Business and Non-Profit) Page 3 of 5 iii. The expense is not filling a shortfall in government revenues. iv. The expense is not funded through another budget line item, allotment or allocation, as of March 27,2020. v.The expense would not exist without COVID-19 or would be for a"substantially different"purpose. All entities shall be subject to compliance with applicable federal requirements, including any applicable terms pursuant to the Commerce Agreement,"Coronavirus Relief Funds for Local Governments Eligible Cost Test,""WA State Department of Commerce's Coronavirus Relief Funds for Local Governments Program Guidelines,"and"Coronavirus Relief Fund Frequently Asked questions" (dated July 8,2020, or the most current version if a later update is provided). f. For small businesses—Sole proprietors and independent contractors are okay,provided that the business they are asking funds for is their primary source of income. g. For nonprofits—Must be a"501(c)(3)"using a federally recognized fiscal sponsor and provide proof of such status. "501(c)3 Churches or religious organizations are NOT eligible, except for those with specific programs with direct service offered to general public without regard to faith,affiliation,religious belief or practice,and that are provided in a non-discriminatory way that benefits the larger community. h. Grant awards up to$7,158.00 per entity.This amount may be limited based upon actual COVID-19 related expenses or the receipt of other federal funding for the same purposes. The grant award to non-profit entities may be reduced by any amount received under the Spokane County OpenTogether Small Business and Non-Profit Grant program. Additional criteria may be necessary as part of the application and certification process. Chamber shall work with City to create an appropriate application. Prior to distribution, the application shall be subject to written approval by the City. 4. Provide review of all entities selected in the lottery process. Review shall include confirming the accuracy and adequacy of all application materials to ensure and confirm all eligibility requirements are met. 5. Provide and retain all necessary recordkeeping required by the Washington State Department of Commerce, State Auditor,and the City for the period of at least 6 years. 6. Chamber is authorized to subcontract with Innovia Foundation for all online application hosting, processing, software, and database services. Chamber shall ensure that Innovia Foundation maintains appropriate record keeping and internal controls to prevent misuse of funds. 7. Provide a website to host information regarding the application process, including applicable "Q&As", and links to the online application. Such website may be linked through the Valley Chamber website to Innovia application and processing systems. CARES Act Amendment# 1 -(Small Business and Non-Profit) Page 4 of 5 8. Chamber is authorized to subcontract with Innovia Foundation to provide fund disbursements. Innovia Foundation shall provide an "acceptance letter" providing terms of compliance for all entities awarded funds at the time of disbursement. The"acceptance letter"shall be subject to written approval by the City. Any distribution of funds shall contain the following statement: "This project was supported by a grant awarded by the US Department of Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund through the Washington State Department of Commerce. This Grant award has been made by the City of Spokane Valley from its portion of the Local Government Coronavirus Relief Fund." Chamber shall ensure Innovia Foundation maintains appropriate record keeping and internal controls to prevent misuse of funds. 9. Chamber shall be responsible for all payments to Innovia Foundation, with the exception of grant awards. City shall provide necessary funds for grant awards directly to Innovia Foundation. 10. Chamber shall provide awards as soon as is reasonably feasible after providing an application and review period. Awards shall be made no later than September 30, 2020 October 15, 2020. Chamber shall award the maximum number of eligible entities(small business and non-profit)allowable based upon the allocation set by City Council. As of July 30,2020,the allocation was set at$1,241,138. As of October 1,2020,City Council authorized an allocation to fund all eligible entities that submitted applications in the initial Grant program of up to$1,549,370. Compensation: Chamber shall be compensated in an amount up to 1.5% (up to$55,851.21) of the total amount available for the City's Small Business and Nonprofit Financial Assistance Program(as of July 30, 2020, $1,241,138). All compensation shall be on a reimbursement basis and Chamber shall provide appropriate documentation regarding expenditures incurred that are necessary to administer the program and services identified in this Agreement. CARES Act Amendment# 1 -(Small Business and Non-Profit) Page 5 of 5