22-231.01 InnoviaFoundationCLFRGrantCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND INNOVIA FOUNDATION
Spokane Valley Contract #22-231.01
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the
Innovia Foundation (the "FIRM") mutually agree as follows:
1. Purpose: This Amendment is for the Contract for systematically addressing education disparities within
the City of Spokane Valley school systems by and between the Parties, executed by the Parties on January
11, 2023, and which terminates on December 31, 2026. 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, which are
either as follows, or attached hereto as Appendix "A". 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 history of
amendments to the compensation on the
Original Contract and all amendments is as follows:
Date Compensation
Original Contract Amount
January 11, 2023 $1,000,000.00
Amendment # 1
to be executed NA
Total Amended Compensation
�$1,000,000.00
The parties have executed this Amendment
to the Original Contract this _1 day of October, 2023.
CITY OF SP KANE VALLEY:
CONSULTANT / CONTRACTOR:
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City Man ger
Title:
APPROVED AS TO FORM:
f e of the City ttorney
APPENDIX "A"
1. The source of the funding from the City of Spokane Valley for the Agreement is changed from CFDA#
21.027 - Coronavirus State and Local Fiscal Recovery Fund to the City's General Fund. The remainder of
the contract, including but not limited to reporting requirements, milestones, and deliverables remain
unchanged. For clarity, the purpose of this amendment is only to change the City's funding source of the
award to be from the City's General Fund and make the necessary changes in the contract's language to
effectuate that change. The following amendments are made to memorialize this change:
• Sections 9 and 10 on page one (the "face sheet") is changed to read: Not Applicable.
• Section 13 of the face sheet is amended to read as follows: 13. Contract Purpose & Description:
The City of Spokane Valley is utilizing general government funds for this Grant Award to the
Innovia Foundation for the Statement of Work listed in Exhibit A.
• SECTION NO. 5 COMPLIANCE WITH LAWS is amended to read as follows:
The FIRM and the CITY agree that all activity pursuant to this AGREEMENT will be performed in accordance
with all applicable current federal, state and local laws, rules and regulations. If the FIRM is a recipient of
federal financial assistance, FIRM shall comply with all applicable state and federal statutes, regulations,
executive orders and guidelines, including but not limited to the following:
A. FIRM shall comply with the Americans with Disabilities Act (ADA) of 1990, Public Law 101-336,
42 U.S.C. 12101 et seq. and its implementing regulations also referred to as the ADA 28 CFR Part 35.
The ADA provides comprehensive civil rights protection to individuals with disabilities in the areas
of employment, public accommodations, state and local government services and telecommunications.
B. FIRM shall solely comply with any and all applicable federal, state and local laws, regulations,
executive orders, OMB Circulars and/or policies and the CITY will not be responsible for
determining FIRM's compliance. This obligation includes, but is not limited to: nondiscrimination
laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of
1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, (PL 93-288, as amended), Ethics in Public Services (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages
on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related
Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Person
(RCW 70.92), and safety and health regulations.
FIRM shall comply with all applicable federal/state non-discrimination laws, regulations and policies and
the CITY will not be responsible for determining FIRM's compliance. No person shall on the grounds of
age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability (physical, mental or sensory) be denied the benefits of, or otherwise
be subjected to discrimination under any project, program, or activity, funded in whole or in part, under this
AGREEMENT.
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In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by FIRM, the CITY may rescind, cancel or terminate the AGREEMENT in whole
or in part, at the CITY's sole discretion. FIRM is responsible for all costs or liability arising from its failure
to comply with application laws, regulations, executive orders, OMB Circulars or policies.
• SECTION NO. 11: COMPENSATION/REIMBURSEMENT/INVOICING PROCEDURES
subsection C is amended to read as follows:
C. FIRM will submit quarterly data submissions to the CITY. Quarterly submissions to the CITY will
occur on a calendar quarter basis. FIRM will submit monthly or quarterly reimbursement requests to the
CITY by detailing the expenditures for which reimbursement is sought. Payment for the expenditures will
only occur if the request is submitted with the appropriate supporting documentation, including, but not
limited to timesheets and time/effort certifications. Requests for reimbursement and quarterly data report
submissions shall be emailed directly to CITY Finance Department to
accountspavableC-spokanevalleywa.aov or in such other manner as agreed in writing by the PARTIES.
• SECTION NO 13• INDEPENDENT AUDIT REQUIREMENTS is amended (note that
subsection 1 and 2 below were both mistakenly labeled 1 in the Original Contract) to read as
follows:
1. FIRM shall have an annual independent fiscal audit conducted of its financial statement and condition,
regarding the performance of the Agreement.
2. FIRM shall submit its audit report, including any "Management Letter" and/or all other correspondences
referred to in the audit report, along with FIRM's response to the audit and a corrective action plan, if any,
no later than six (6) months after the end of FIRM's fiscal year. FIRM hereby consents to CITY's inquiry
of independent auditor, upon request by the CITY.
3. Failure to engage auditors and provide proof of such engagement shall be considered contractual non-
performance and may result in corrective action and withholding of payment.
• SECTION NO 14• SINGLE AUDIT ACT REQUIREMENTS is amended to read as follows:
The City is not utilizing federal funds for reimbursement pursuant to this AGREEMENT. Should the FIRM
be receiving federal funds from any other source, they shall comply with the single or program -specific
audit requirements as applicable in conformance with 2 CFR Part 200 Subpart F.
• SECTION NO. 17: AMENDMENTS AND MODIFICATIONS subsection B is amended to
read as follows:
B. The CITY reserves the right to make changes in the Work, including alterations,
modifications or reductions therein and/or or additions or supplementations thereto. Upon receipt
by FIRM of the CITY's notification of a contemplated change, FIRM shall (1) if requested by the
CITY, provide an estimate for the increase or decrease in cost due to the contemplated change, (2)
notify the CITY of any estimated change in the completion date, and (3) advise the CITY in writing
if the contemplated change shall affect FIRM's ability to meet the completion dates or schedules of
this AGREEMENT.
• SECTION NO. 23: PROCUREMENT is amended to read as follows:
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FIRM shall comply with any applicable procurement requirements of 2 CFR Part 200.318
through 200.326 and all of FIRM's procurement policies and procedures.
• SECTION NO.24: EQUIPMENT, REAL PROPERTY, AND SUPPLY MANAGEMENT (IF
APPLICABLE):
The FIRM is responsible for following any applicable local, state, and federal laws and regulations related
to the inventorying and management of supplies or equipment purchased using these funds.
• SECTION NO. 43: MONITORING is amended to read as follows:
Monitoring activities performed by the CITY may include, but are not limited to:
a. Review of financial and performance reports; and
b. Review of reimbursement requests and supporting documentation, including time sheets as
well as time and effort certifications, and quarterly data reports.
FIRM is required to pass on this monitoring language in all subcontract awards and to perform all
monitoring activities regarding any sub -recipient.
• Any references in the Statement of Work (EXHIBIT A) and attachment thereto (Attachment A-1)
in the Original Contract that refers to the City's funding source as American Rescue Plan (ARP)
finding or State and Local Fiscal Recovery Funds (SLFRF) are hereby deleted.
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