20-152.01 CVSD: CARES Act Coronavirus Relief Funds CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND
CENTRAL VALLEY SCHOOL DISTRICT NO.356 OF SPOKANE COUNTY,
WASHINGTON
Spokane Valley Contract#20-152.01
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 Grantee mutually agree as follows:
1. Purpose:This Amendment is for the Contract providing Spokane Valley CARES CRF funds to Grantee
to address the significant unanticipated expenses they have incurred as a 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 Work set forth in EXHIBIT A is amended and replaced as identified in the attached
Amended Scope of Work,a copy of which is attached as Exhibit A-1 and incorporated by reference.
All references to Scope of Work shall be deemed to refer to the Amended Scope of Work.
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. Grantee shall
complete its work 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 Grantee, including but not limited to
CARES Act Amendment # I - (CVSD) Page 1 of 4
withdrawal of funding by Commerce. In the event of termination without breach, City shall pay
Grantee for all work 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. Grantee shall be paid upon presentation of an invoice 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. The award
amounts are hereby amended as set forth in Exhibit A-1.
The parties have executed this Amendment to the Original Contract this 4p day of October,2020.
CIT OF SP A VALLEY: GRA E .
, 04,
4°1
Mar Calhoun By: ,T ‘n i
City Manager Its: Authorized Representative
AP RO AS TO FORM:
Office the City Attorney
CARES Act Amendment # 1 - (CVSD) Page 2 of 4
EXHIBIT A-1
AMENDED SCOPE OF WORK
The Central Valley School District No. 356 of Spokane County, Washington(District) shall be entitled to
reimbursement for any qualifying expenditure incurred as a direct result of the COVID-19 pandemic
incurred from March 1,2020 through November 30,2020 for the following purposes:
Public health expenses, including but not limited to safety measures and devices such as shielding,
personal protective gear,and thermometers.
Reimbursement Amount. The City Council has allocated$415,603 for School Districts,which consists of
the following: (1) $135,281 of original allocation between the three School Districts; (2) $100,000 for
additional funding for the District; and (3) $180,322 to East Valley School District No. 361. The District
may submit expenses up to the full $415,603; provided that the District shall only be guaranteed to receive
up to$167,640.50 as its portion of the School District allocation. As of the date of this Amendment,the
District has submitted reimbursement requests for $67,640.50. Any excess amount above $167,640.50
shall be subject to the City receiving written approval from East Valley School District No. 361 and West
Valley School District No.363.
Deliverables from the District.
1. The District shall provide documentation, in sufficient detail and in a timely manner, to verify
completion of the reimbursable expenses. Documentation shall include vendor invoices reflecting
costs for these activities and other appropriate documentation. Documentation shall be for
reimbursable expenses only. This reimbursement-based grant can only assist with invoices
dated March 1,2020 through November 30,2020.
2. The District shall complete and return the attached IRS FORM W-9,attached as Exhibit 5.
3. The District acknowledges its obligation to abide by the Grant Funding terms.
4. District certifies by entering into this Agreement and submitting any request for reimbursement
that the District has not received funding from any other federal,CARES,or related funding source
for the reimbursement or for substantially the same purpose.
5. District certifies by entering into this Agreement and submitting any request for reimbursement
that the qualifying expense meets all applicable federal requirements,including applicable CARES
Act requirements,Treasury Guidelines,the Commerce Agreement, the "WA State Department of
Commerce's Coronavirus Relief Funds for Local Governments Program Guidelines," the
"Coronavirus Relief Fund Frequently Asked questions" (dated July 8, 2020, or the most current
version if a later update is provided), and the "Coronavirus Relief Funds for Local Governments
Eligible Cost Test"as follows:
i. The expense is connected to the COVID-19 emergency.
ii.The expense is"necessary."
iii.The expense is not filling a shortfall in government revenues.
CARES Act Amendment# I -(CVSD) Page 3 of 4
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.
CARES Act Amendment # 1 - (CVSD) Page 4 o f 4