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23-166.02ReclaimProjectRecoveryAffordableHousingHomelessGrants CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND RECLAIM PROJECT RECOVERY Spokane Valley Contract#23-166.02 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Grant Recipient mutually agree as follows: 1.Purpose:This Amendment is for the Contract for homeless services Home Base and transitional housing Facility,by and between the Parties,executed by the Parties on August 29,2023,and which terminates on December 31,2027. Said contract is referred to as the"Original Grant Agreement"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 Grant Agreement and any amendments thereto which are not specifically modified by this Amendment. 3.Amendment Provisions:The Original Grant Agreement is subject to the following amended provisions, which are 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 Grant Agreement, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment #2 of the Original Grant Agreement. The history of amendments to the compensation on the Original Grant Agreement and all amendments is as follows: Date Compensation Original Grant Agreement Amount August 29,2023 $1,460,000.00 Amendment#1 January 22,2024 NA Amendment#2 to be executed NA Total Amended Compensation $1,460,000.00 The parties have executed this Amendment to the Original Grant Agreement this9 r^lay of December, 2024. CITY OF SPOKANE VALLEY: GRANT REECIPIENT:I /V1L-- Jo tin Hohman By:Kenny Carlson City Manager Its: Executive Director APPROVED AS T FORM: Off f the City ttorney 1 APPENDIX"A" 1. Section 1.1 of the Original Grant Agreement, and as modified by any prior amendments, shall be replaced with the following language: The term"Project"means the acquisition of the"Facility"described in Exhibit A-2 for transitional housing, and the operations and administration of their programs related to homeless services at the Home Base facility located at 16814&16816 E.Sprague Ave.Spokane Valley,WA 99037. Both the acquisition of the Facility for transitional housing and the operations and administration of the programs related to homeless services are described in Exhibit B,the Scope of Work. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project,Grant Recipient shall use the Grant Award Funds to acquire the Facility,consistent with the requirements set forth in this Agreement and in the following attached exhibits,which are incorporated herein by reference: • Map of Facility and Location Attached as Exhibit A-2 • Scope of Work Attached as Exhibit B El Project Budget Attached as Exhibit C-2 • Timeline,Milestones,&Performance Metrics Attached as Exhibit D-2 Insurance Requirements Attached as Exhibit E Restrictive Covenant Agreement Attached as Exhibit F-1 Prevailing Wage Certification Attached as Exhibit H 2. Section 13.5 of the Original Grant Agreement,and as modified by any prior amendments,shall be replaced with the following language: The City is providing funds to reimburse eligible costs up to a fixed Grant Award amount. Grant Recipient(and not the City)is responsible for design,development and construction of the Project and for all construction costs and risks, including all construction cost overruns. In no event shall the City be responsible for any costs associated with the construction of the Project. As owner of the property,Grant Recipient bears all ownership risks and responsibilities. The Grant Recipient certifies that all contractors and subcontractors performing work on the Project shall be paid prevailing wages in compliance with state Prevailing Wage on Public Works,chapter 39.12 RCW,as applicable to the Project funded by the Grant Award,and shall complete and submit Exhibit H. The grant is made to finance all or a portion of the cost of construction,reconstruction, acquisition,or rehabilitation of housing that will be occupied by a person or family of low income (income that does not exceed eighty percent of the median area income) and therefore is not considered a public work,provided that,pursuant to RCW 35.21.685,whenever feasible the Grant Recipient shall make every reasonable and practicable effort to utilize a competitive public bidding process. 2 Grant Recipient will indemnify and defend the City should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations,and ordinances in connection with the improvements. 3. Pursuant to Section 13.1 as modified by Amendment#1 to the Original Grant Agreement,the City Manager, by execution of this Amendment #2, authorizes the reimbursement of Grant funds for design, development and construction costs as outlined in Exhibit C-2, which is less than the difference of$600,000 and the amount of grant funds applied to the acquisition of the Facility. 4. Exhibit A-1 shall be replaced with"Exhibit A-2"which is attached hereto and incorporated herein by this reference. Further, any reference to Exhibit A, or Exhibit A-1 in the Original Grant Agreement and any modifications thereto shall mean"Exhibit A-2". 5. Exhibit C-1 shall be replaced with"Exhibit C-2"which is attached hereto and incorporated herein by this reference. Further, any reference to Exhibit C or Exhibit C-1 in the Original Grant Agreement and any modifications thereto shall mean"Exhibit C-2". 6. Exhibit D-1 shall be replaced with"Exhibit D-2"which is attached hereto and incorporated herein by this reference. Further, any reference to Exhibit D or Exhibit D-1 in the Original Grant Agreement and any modifications thereto shall mean"Exhibit D-2". 7. Exhibit H,attached hereto and incorporated herein by this reference,is added to the Original Grant Agreement and any modifications thereto. Exhibit H shall be executed along with the execution of this Amendment#2. The parties agree to continue to abide by those terms and conditions of the Original Grant Agreement and any amendments thereto which are not specifically modified by this Amendment. 3 Exhibit A-2 Map of Facility and Location The transitional housing facility is proposed to be located at: 10619 E Trent Ave Spokane Valley WA 99206 t A n % 31'4', "-. C-:::.1.1" - '74 ''‘ A w A t • The location of the Facility may be amended with City approval. 4 Exhibit C-2 Project Budget Reclaim Project Recovery Affordable Housing and Homelessness Grant Budget Transitional Housing Allowance-600,000 600,000.00 Program Operational and Administrative Costs 774,000.00 Lease of Home Base Facility(first 2 of 3 years) 40i0,000.00 Administrative Salaries 250,000.00 Program Operations 124,000.00 10%start up costs to be paid upon execution includes 86,000.00 initial lease payments,salaries,operations for 2-3 months Total Budgeted Award Amount 1,460,000 1,460,000.00 Budget for Transitional Housing Design, Development,and Construction at 10619 E Trent Ave Spokane Valley Professional Services $25,000 locating services,attorney/legal fees, surveyor, electrician,plumber,furnace company Permitting $6,000 Building, Demo, etc. Labor $120,000 5 people @ prevailing wages 40 hr/wk, for 3 months. Materials $55,000 Lumber, sheetrock, mud/tape, etc. Asbestos abatement $4,300 Affordable Asbestos Abatement LLC Concrete $50,000 Labor(prevailing wage) &Materials for delete of east approach, replacement of west approach and pad for 5 parking stalls. Miscellaneous $5,000 Dump fees, fuel, maintenance, etc. Total $265,300 5 The grant recipient may incur cost variances of no more than 10%within any of the above categories of the approved project budget without further prior written City approval. Regardless of any variance allowed herein the total grant award category for acquisition,(including design,development,and construction)of the transitional housing property of$600,000.00 shall not be exceeded in any circumstance. 6 Exhibit D-2 Timeline,Milestones&Performance Metrics I. PERFORMANCE INDICATORS Project deliverables are noted under Section III. Commencing in 2024, Grant Recipient shall provide the following information on a quarterly basis by the 15th day following each quarter - Total number of persons served at transitional housing Facility and Home Base facility, including a breakdown of demographic information. - Number of persons with City zipcode served at Facility, last place housed - Time to exit,exit destination. - Number of persons employed at the thrift store that are served by the program - Number of persons that graduate and move out of the program that were served by the facilities funded by this grant II. PROJECT PERIOD The Project begins on the date of execution through the disbursement of all Grant Award funds, or December 31,2027,whichever occurs first. III. KEY MILESTONES AND DELIVERABLES Milestones and Deliverables: Begin process of data collection both internally and through a regional coordinated effort, including a continued effort of working toward a gather sharing agreement of Homeless Management Information System(HMIS)within 120 days of Home Base opening. Opening of Home Base facility: September 2023 Property identification for transitional housing Facility:early 2024 Transitional housing Facility acquisition: Q3 2024 Occupancy for transitional housing Facility:Anticipated to occur in Spring of 2025 Monthly or quarterly project budget and expenses report until funds are expended: By 15th day of subsequent month after month or quarter end. This may be included in the reimbursement requests for payment of grant funds for operational and administrative, and/or design, development, and construction costs as outlined in Exhibit C-2. This shall include all documentation showing expenses related to proposed use of funds. 7 Exhibit H PREVAILING WAGE CERTIFICATION The GRANT RECIPIENT, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW,as applicable to the Project funded by this Agreement,including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANT RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the City of Spokane Valley's review upon request. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B.This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. For any funds are used by the GRANT RECIPIENT for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANT RECIPIENT, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANT RECIPIENT's governing body as of the date and year written below. DATE: 12/4/24 8 2's- . 1(06 .QOz .(Z)\ ACORN® CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DD/YYYY) 09/09/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Lori McCauley All Lines Insurance dba All Lines Associates, Inc. (A/C, Ext) (509)327-1658 FAX No: (509)326-5567 6404 N Monroe St Spokane, WA 99208-4122 _ADDRIESS: Lori@AIILineslnsure.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Scottsdale Insurance company 41297 INSURED INSURER B INSURERC: Reclaim Project Recovery INSURERD: 1804 W Broadway Ave Spokane, WA 99201-1820 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00052081-250909123939 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER MM DDY EFF POLICY EXP MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPS8280067 08/25/2025 08/25/2026 EACH OCCURRENCE $ 100,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 1 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r $ 1 A X UMBRELLA LIAB X OCCUR CXS4062713 09/03/2025 08/25/2026 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N SPER OTH- TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured per policy form CIS 20 13 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave AUTHORIZED REPRESENTATIVE '� Spokane Valley, WA 99206 A ('ra (LAM) ( I by �m 619M-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by LAM on 09/09/2025 at 12:42PM