079-20 - South Kitsap School District - ContractAGREEMENT 079-20
BETWEEN THE CITY OF PORT ORCHARD
AND SOUTH KITSAP SCHOOL DISTRICT
FOR CARES PARTNERSHIP
THIS AGREEMENT is entered into on this 13t" 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) pfthe 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 incurred 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 December 30, 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 1, 2020 and October 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
impacted by the COVID-0 pandemic, and expenses to facilitate distance learning, including
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 incurred 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 shall provide 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-1.9 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-19 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 incurred for the
time period of March 1, 2020 to November 30, 2020.
5. SKSD's Documentation of Expenditures SKSD shall provide 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 Laws; 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
of any portion of the 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 incorporated by reference herein. Pursuant to the Commerce Agreement, SKSD shall
comply with 2 C.F.R. part 200, 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.
Department 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 demonstrate that
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
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 of the 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 indemnify 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 fixture 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 or the 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.
16. Severability, If any part of this 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 tinder 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 Ki ap Sc
Attn
ho I District
: �icv1 F-��
2689 oover Ave SE
Port Orchard, WA 98366
IS. 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.
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 P1uttaansulu, Mayor
Date:—
APPROVED AS TO FORM:
By:
Charlotte A. Archer, City Attorney
Date: l 0/ 14/2020
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