20-151.01 Spokane Valley Partners: CARES Act Coronavirus Relief Fund CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND
SPOKANE VALLEY PARTNERS
Spokane Valley Contract#20-151.01
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 Spokane Valley Partners to distribute Spokane Valley
CARES Act funds to those in need of food security assistance as a direct result of the COVID-19 pandemic
by and between the Parties,executed by the Parties on August 17,2020, 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 EXHIBITA is amended and replaced as identified 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.
Section 3. TERM OF CONTRACT is hereby amended to read as follows:
This Agreement shall be in full force and effect upon execution and shall remain in effect until
completion of all contractual requirements have been met as determined by the City. Subrecipient
shall complete its services by November 30, 2020, unless time for performance is extended in
writing by the Parties.
Either Party may terminate this Agreement for material breach after providing the other Party with
at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate
this Agreement for any reason by 10 days' written notice to Subrecipient,including but not limited
CARES Act Amendment# 1 - (Food Security) Page 1 of 4
to withdrawal of funding by Commerce. In the event of termination without breach,City shall pay
Subrecipient for all services and distributions previously authorized and satisfactorily performed
prior to the termination date.
Section 5(A).PAYMENT AND RECAPTURE is hereby amended to read as follows:
A. Payment. Subrecipient shall be paid upon presentation of an invoice no more frequently than
weekly along with any required certification(Exhibit A)to City,provided that all invoices shall be
provided no later than November 18, 2020, to allow payments to be processed by November 30,
2020. Applications for payment shall be sent to the City Finance Department at the below-stated
address.
City reserves the right to withhold payment under this Agreement for that portion of the work(if
any) which is determined in the reasonable judgment of the City Manager or designee to be
noncompliant with the Scope of Services,City standards,City Code,and federal or state standards.
The Parties agree that in the event an expenditure is submitted that is ineligible for payment per
Exhibit B,it shall not be reimbursed by Commerce or the City.
EXHIBIT B is amended to include the amendment to the Interagency Agreement with Commerce,
for the period through November 30, 2020, a copy of which is attached as Exhibit B-1 and
incorporated by reference. All references in the Original Agreement to "Commerce Agreement"
shall be deemed to include the amendment to the Interagency Agreement with Commerce.
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. Subrecipient shall
be entitled to a 5.5% administrative expense of the total allocation, which shall be paid from the amount
allocated as further described in Exhibit A-1.
The parties have executed this Amendment to the Original Contract this day of October,2020.
CI OF SPO E VALLEY: SUBRECIPIENT:
MI
M Calhoun By:
City Manager Its: Authorized Representative
APPRO AS TO FORM:
Office o the City Attorney
CARES Act Amendment# 1 -(Food Security) Page 2 of 4
EXHIBIT A-1
AMENDED SCOPE OF SERVICES
Spokane Valley Partners (SV Partners) shall administer the City of Spokane Valley's Food Security
CARES Act Assistance Program to provide for and address food security needs for Spokane Valley citizens
in need additional food security support as a directly result of the COVID-19 pandemic. SV Partners shall
administer the City of Spokane Valley's Critical Essentials CARES Act Assistance Program to provide
certain other critical essentials for low income individuals and families.
Food Security:
SV Partners shall provide the following services for the City's food security program: $236,640 which was
originally allocated on August 17,2020, and an additional amount up to$200,000 under a second round of
allocations for such purposes. SV Partners shall be eligible for reimbursements up to $436,640 for
qualifying expenditures related to the food security program:
1. Provide food security services for those directly impacted by the COVID-19 pandemic, including
but not limited to purchase of additional necessary food supplies, distribution of food supplies, and
provide administrative functions for necessary food security programs.
2. Acquire two food delivery vehicles. As of September 30,2020, both vehicles have been
purchased,though expenses remain to be paid on the second vehicle as SV Partners is awaiting
delivery of the second vehicle. Expenses up to$130,000 total for both vehicles may qualify for
reimbursement.
3. Provide food delivery services to citizens and organizations in need of food as a result of the
COVID-19 pandemic, including but not limited to food purchase,actual delivery costs,delivery
personnel costs,and administrative costs.
SV Partners may apply a 5.5%administrative cost to all reimbursement requests for administrative
needs related to such request.
Critical Essentials:
SV Partners shall provide the following services for the City's critical essentials program:
Purchase and provide essential items to low income individuals and families and others in need who
have been directly impacted by the COVID-19 pandemic,including but not limited to actual purchase
costs, actual costs to provide and distribute such items, personnel costs, and administrative costs.
Essential items shall include, but not be limited to socks, underwear, baby items, hygiene items,
diapers, blankets, sleeping bags, winter clothing, footwear, gloves, and hats, and other similar items.
SV Partners shall be responsible for determining who qualifies for receiving such items and that
distribution of such items complies with the terms of this Agreement.
SV Partners shall be eligible for reimbursements up to$125,000 for qualifying expenditures related
to the critical essentials program.
SV Partners may apply a 5.5%administrative cost to all reimbursement requests for administrative
needs related to such request.
CARES Act Amendment# 1 - (Food Security) Page 3 of 4
In addition,to qualify for reimbursement,all expenditures for both the food security and critical essentials
programs must meet applicable federal requirements, including any applicable terms pursuant to the
Commerce Agreement, "WA State Department of Commerce's Coronavirus Relief Funds for Local
Governments Program Guidelines,""Coronavirus Relief Fund Frequently Asked questions"(dated July 8,
2020, or the most current version if a later update is provided) and "Coronavirus Relief Funds for Local
Governments Eligible Cost Test"as follows:
a.The expense is connected to the COVID-19 emergency.
b. The expense is"necessary."
c.The expense is not filling a shortfall in government revenues.
d.The expense is not funded through another budget line item,allotment or allocation,as of March
27,2020.
e. The expense would not exist without COVID-19 or would be for a "substantially different"
purpose.
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