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047-20 - Resolution - Agreement with South Kitsap School District for City-Funded COVID-19 ReliefRESOLUTTON NO. 047-20 A RESOLUTTON OF THE CtTy OF PORT ORCHARD, WASHTNGTON, DECLARTNG A PUBLIC PURPOSE AND AUTHORIZING AN AGREEMENT WITH THE SOUTH KITSAP SCHOOL DISTRICT FOR CITY-FUNDED COVID-19 REtIEF. WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated 5150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, the Coronavirus Relief Fund is available to reimburse government recipients for necessary expenditures incurred due to the COVID-19 public health emergency that were not accounted for in the government recipient's most-recently appropriated budget and that were incurred during the emergency; and WHEREAS, guidance issued by the U.S. Treasury Department and Washington State Department of Commerce indicates that necessary expenditures incurred due to the COVID-19 public health emergency include expenses necessary to provide essential public services by educating the youth of the City by facilitating distance learning, including technological improvements to implement online learning models, in connection with school closings to enable compliance with COVID-19 precautions; and WHEREAS, the City Council desires to provide grant funding to the South Kitsap School District ("SKSD") for procurement of personal protective equipment (PPE), "WlFl hotspots" and related technology for online learning for residents of Port Orchard, which the City Council finds bring a significant value to the residents of Port Orchard in response to the COVID-19 pandemic by allowing schoolto occur remotely in compliance with state and local mandated precautions, thereby serving these valid municipal purpose; and WHEREAS, the City Council finds that funding SKSD serves the valid municipal purposes identified here for the promotion of the health, safety and welfare of the City's residents who are struggling due to the COVID-19 pandemic and the economic impact thereof; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council finds that the South Kitsap School District is a qualified subrecipient for grant funding from the CARES Act funding, and this is a necessary and unbudgeted expenditure to ensure the performance of essential public services of educating the youth of the City by facilitating distance learning in response to the Resolution No.047-20 Page 2 of 8 COVID-19 pandemic. The City Council authorizes the expenditure of S10,000 from the general fund as payment to SKSD for these services. The City Council directs the Mayor or designee to seek reimbursement of this amount from the CARES Act funding allocated to the City. THAT: The Mayor is authorized to execute an agreement with SKSD for the services described herein, attached hereto as Exhibit A and incorporated herein by this reference. THAT: This Resolution shall be take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaa , Mayor ATTEST: R PO ,Q4 Brandy Rinearson, MMC, City Clerk SEAL AGRT,EMENT 079-20 BETWEEN THE CITY OF PORT ORCHARI) AND SOUTH KITSAP SCHOOL DISTRICT FOR CARES PARTNERSHIP THIS AGREEMENT is entered into on this 13th day of October,2020, by and between the City of Port Orchard, a Washington municipal corporation ("City") and the South Kitsap School District, a Washington special purpose agency ("SKSD"). RECITALS A. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments. B. The Coronavirus Relief Fund is available to reimburse government SKSDs for necessary expenditures incured due to the COVID-19 public health emergency that were not accounted for in the government SKSD's most-recently appropriated budget and that were incurred during the period between March 1,2020 and December30,2020. C. Guidance issued by the U.S. Treasury Department indicates that necessary expenditures incurred due to the COVID-19 public health emergency include costs incurred to provide financial assistance to individuals and families directly impacted by a loss of income due to the COVID-10 public health emergency. D. The State of Washington determined to distribute a certain portion of its share of the CARES Act funds to Washington cities, including the City of Port Orchard, with such funds being administered through the Washington State Department of Commerce. E. The City has entered into an Interagency Agreement with the Washington State Department of Commerce, which governs the City's receipt of the CARES Act funds allocated to the City, through the City's request for reimbursement of eligible expenditures (the "Interagency Agreement"), attached hereto as Exhibit A and incorporated herein. Under the Interagency Agreement, the City's reimbursable expenditures must be incurred during the period between March I , 2020 and Octobe r 31 , 2020 in order for the State of Washington to close out its contracts in time to meet the United States Treasury's December 30,2020 end date. F. SKSD provides essential public services by educating the youth of the City, and has faced a significant impact from the COVID-19 pandemic and associated safety measures taken by State and local governments, including costs related to implementing online learning models; and H. The City recognizes that public resources are necessary to help school districts irnpacted by the COVID-I9 pandemic, and expenses to facilitate distance learning, including 7 technological improvements, in connection with school closings to enable compliance with COVID-19 precautions are eligible expenses under the Interagency Agreement; and I. The City desires to award SKSD a portion of its CARES Act funds to address unanticipated expenses incuned as a direct result of the COVID-19 pandemic for specified allowable expenses, as set forth herein. NOW, THEREFORE, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals/Exhibits. The recitals and referenced Exhibits are incorporated herein by this reference. 2. City's Performance Obligations. The City shallprovide to SKSD up to $10,000 in CARES Act funds, contingent on the terms and conditions herein ("Grant Funds"). 3. SKSD's Performance Obligations. SKSD shall use the Grant Funds for the purchase of necessary PPE equipment and technological equipment to facilitate distance learning in connection with school closings by State and local agencies for the COVID-I9 pandemic. Funding shall be utilized for this purpose by November 30, 2020, and any unused funds by that date shall be returned to the City. SKSD acknowledges that the Grant Funds may only be used to cover costs that are necessary expenditures incurred due to the COVID-I9 public health emergency. All other expenditures of the funds are not permitted and are deemed "Ineligible Expenses." a. No Use of Program Award Funds for Expenses Covered by Other Programs. The Agency shall not use Grant Funds to cover other expenses for which the Agency has received other federal, state or regional funds. b. SKSD understands that the funding for the grant under this Agreement comes solely as reimbursement of payments made by the City, from the State of Washington. The City has no independent obligation to provide SKSD with funds from any other source. c. If SKSD expends or otherwise uses Grant Funds on Ineligible Expenses, or is unable to utilize the Grant Funds within the timeframe set out in this Agreement, any remainder and the amount expended or used on the Ineligible Expenses shall be subject to recapture at the discretion of the City. SKSD agrees to repay to the City, within ten (10) days or such other the time period specified by the City, all remaining Grant Funds and/or all Grant Funds determined by the City to have been spent or otherwise used on an Ineligible Expense. In the alternative, the City may recapture such funds from payments due under this Agreement. 4. Time Period. SKSD shall utilize the Grant Funds for expenses incured for the time period of March 1,2020 to November 30,2020. 2 5. SKSD's Documentation of Expenditures SKSD shallprovide the City of with a submittal in a form as the City requires ("Documentation"), including vendor invoices reflecting expenditures that identify the ways in which the Grant Funds were utilized in conformity with this Agreement. 6. Compliance with Federal, State and Local Lawsl City's Right to Recapture. SKSD shall comply with and obey all applicable federal, state, and local laws, regulations, and ordinances. Should SKSD's spending of the Grant Funds be inconsistent with applicable laws, provisions of this Agreement, or otherwise inappropriate, the City shall have the right to the return ofany portion ofthe Funds. a. The Parties agree that SKSD is a subrecipient for purposes of the Commerce Agreement. SKSD shall be subject to all requirements of the Commerce Agreement applicable to subrecipients and funding under this Agreement, and SKSD agrees to comply with all such terms, which are incolporated by reference herein. Pursuant to the Commerce Agreement, SKSD shall comply with 2 C.F.R. part200, Subpart F, governing audit requirements for recipients of federal funding. b. Funds under this Agreement are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the CARES Act, and Title V and VI of the CARES Act. SKSD agrees that any publications, excluding press release, newsletters, and issue analyses, issued by SKSD describing the program or projects funded in whole or in part with federal funds under this Agreement shall contain the following statements: "This project was supported by a grant award by the 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 U.S. Depaftment of Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund through the Washington Department of Commerce." c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction. SKSD certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency. 7. Maintenance of Records. SKSD shall maintain accurate written records, including accounting records and proof of payment, books, documents, data and other evidence that reflects all of SKSD's expenditures of Grant Funds. These records must be sufficient to demonstratethat the funds have been used in accordance with Section 601(d) of the Social Security Act. The City may at any time review the documentation to determine SKSD's conformance with the requirements of the Program, and SKSD shall make available to the City, upon request, all of SKSD's records and documents with respect to all matters covered by this Agreement. a. SKSD shall retain all records related to this Agreement for a period of six (6) years following the receipt of Grant Funds. These records, including materials generated under the contract, shall be subject at all reasonable times to inspection and review by the City, and to an audit by the Washington State Department of Commerce, personnel duly authorized by 3 Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. b. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 8. Termination. If SKSD fails to fulfil its obligations under this Agreement, the City may terminate this Agreement upon written notice to SKSD specifying the reason for termination and the date of termination, and may seek to recover any unused Grant Funds paid to SKSD. 9. No Employee Relationship. SKSD understands and acknowledges that neither SKSD nor any officer, employee or agent of SKSD shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue ofthe services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to SKSD or any employee of SKSD. 10. Indemnification. SKSD shall indemniff and hold the City harmless against any claim or liability of any nature in connection with or arising in any manner out of this Agreement or SKSD's receipt or use of Grant Funds. 11. Non-discrimination. SKSD shall conduct its business and use funds in a manner which assures fair, equal and non-discriminatory treatment of all persons, including maintaining open hiring and employment practices, and compliance with all requirements of applicable federal, state or local laws or regulations related to hiring and employment practices and providing services to all persons, without discrimination as to any person's race, color, religion, sex, sexual orientation, disabled veteran condition, physical or mental handicap or national origin. 12. Conflict of Interest. No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 13. Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. 14. Waiver. Any waiver by SKSD orthe City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 15. Modification. This Agreement may only be amended by written agreement signed by both Parties. 4 16. Severability. If any part ofthis Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of the Agreement shall remain in full force and effect. 17. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. Notices shall be sent to the following addresses: a. Notices to the City of Port Orchard shall be sent to the following address City of Port Orchard Attn: Rob Putaansuu, Mayor 216 Prospect Street Port Orchard, WA 98366 b. Notices to the SKSD shall be sent to the following address: South Kitsap School District Attn: 2689 Hoover Ave SE Port Orchard, WA 98366 18. Assignment of Contract. The SKSD shall not assign this Agreement or its obligations hereunder without the prior written consent of the City. 19. Venue. This Agreement shall be governed by the law of the State of Washington and venue for any lawsuit arising out of this Agreement shall be in Kitsap County. 20. Interagency Agreement Amendments. The Parties acknowledge that Washington State may require or request changes to the Interagency Agreement or its requirements or provisions. Any changes or alterations to the Interagency Agreement terms and conditions that are applicable or relevant to this Agreement shall be incorporated into this Agreement by amendment of this Agreement, upon notice by the City to the SKSD. 21. Public Disclosure. All SKSD documents and records comprising the Agreement, and all other documents and records provided to the City by the SKSD, are deemed public records under the Washington Public Records Act, Ch. 42.56 RCW, and may be subject to disclosure by the City. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by SKSD, unless an exemption under the Public Records Act applies. 5 22. Disclaimer of Liability. Washington State Department of Commerce and the State of Washington are not liable for claims or damages arising from the SKSD's performance of this Agreement. IN WITNESS WHEREOF, the City and the SKSD have executed this Agreement as of the date first above written. CITY OF PORT ORCHARD, WASHINGTON By: Rob Putaansuu, Mayor D-tq, SOUTH KITSAP SCHOOL DISTRICT By: Typed/Printed Name: Its: DateDate APPROVED AS TO FORM: By: Charlotte A. Archer, City Attorney Date: 1Oll4l202O l+' o RP SEAL 5