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AG 20-898 - Anne Brennan
RETURN TO: Sarah Bridgeford EXT: 2650 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: CD/CS 2. ORIGINATING STAFF PERSON: Sarah Bridgeford EXT: 2650 3. DATE REQ. BY: 11/4/2020 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT IN PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Child Care Provider Grants 291 NAME OF CONTRACTOR: Anne Brennan ADDRESS: 36528 1st Place SW, Federal Way, WA 98023 E-MAIL: mt5.14anne@gmail.com SIGNATURE NAME: _TELEPHONE 253-924-1868 _ FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES © COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES Q PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: See Attached Agreement COMPLETIONDATE: 9. TOTAL COMPENSATION $ 1,286.44 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: A YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 1,286.44 IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SJB 1113/2020 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 10/6/2020 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOWCONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT I S" Z -az -a SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK i7 ❑ ASSIGNED AG# AG COMMENTS: 1�21 TNON'Ctt"-- �VX allU ftktLW. -3l 10%0k! 4N MaLA4 a rt + M mow}' ilb CMJCut J P CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederalway com CARES ACT FUNDS CHILD CARE PROVIDER GRANT AGREEMENT WITH ANNE T. BRENNAN DBA ANNE'S CHILD CARE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Anne T. Brennan DBA Anne's Child Care, a Washington sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ANNE T. BRENNAN DBA ANNE'S CHILD CARE: Anne Brennan 36528 1st Place SW Federal Way, WA 98023 (253) 924-1868 (telephone) mt5.1 com The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) (253) 835-2609 (facsimile) sarah.brid,geford@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. Grantee will submit all required documentation for payment by no later than November 10, 2020. 2. CONDITIONS OF GRANT 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal Way; b) Grantee maintains a current City of Federal Way business license; c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; d) Grantee (check one) ❑ Grantee is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic ® Grantee has received other state of federal funding made available as a response to the COVID-19 pandemic and: ® Has incurred and has documentation of COVID-19 related expenses equal to or in excess of the cumulative total of all funding received ® Agrees to provide financial documentation for funds requested as part of this Agreement ® Affirms that the Grantee has not and will not accept funds from multiple sources for the same costs. e) Grantee's net revenues do not exceed more than $1.5 million per year; and f) Grantee will provide required supporting financial documentation and receipts for requested funds; and CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 ` CITY OF CITY HALL Federal Y Y ay Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciIyoffederalway com g) Due to COVID-19, Grantee business (check all that apply): ❑ Was required by state or local order to close ❑ Was forced to lay off employees due to reduced patronage ® Incurred COVID-19 related expenses including PPE ® Experienced 10-50% lost revenue ❑ Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used to reimburse expenses for the following purposes and that all expenses the Grantee is requesting funds for are related to COVID-19: a) Mortgage or Rent calculated by the percentage of the home used for child care services to non -family members b) Personal Protection Equipment c) Insurance calculated by the percentage of the home used for child care services to non -family members d) Utilities calculated by the percentage of the home used for child care services to non -family members e) Marketing f) Payroll 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID-19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand Two Hundred Eighty -Six and 44/100 Dollars ($1,286.44). 4.2 Supporting Documentation. Supporting financial documentation and receipts must be produced to the City prior to payment of the grant funds to Grantee. 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5. RECORDS RETENTION. 5.1 Scope of Records. The Grantee shall maintain accounts and records including financial records pertaining to this Agreement. 5.2 Time for Retention of Records. Records required to be maintained in subsection 5.1 shall be maintained for a period of six (6) years after payment of the grant funds. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 2- 7/2020 ` CITY 4F CITY HALL Fe d e ra I Y Y ay Feder 8th Avenue South 8003 JJ Federal Way, WA 98003-6325 (253) 835-7000 avmv,, cityoffederalway com 6. FAITH -BASED ACTIVITIES. 6.1 Grantees that are religious or faith -based are eligible on the same basis as any other organization. The Grantee warrants that it will not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the child care supported with these grant fiends. 7. INDEMNIFICATION. 7.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 7.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 7.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. GENERAL PROVISIONS. 8.1 Interpretation and Modification. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared CARES ACT BUSINESS GRANT AGREEMENT -3 - 7/2020 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway. com invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 8.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 8.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 4- 7/2020 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityob`ederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: a�e� Jim Ferre a ar DATE: ANNE T. BRENNAN DBA ANNE'S CHILD CARE: Printed Name: N)ne-.,—r E, stna wA Title: 01.1)X` DATE: Rzloy Mbg.0 , AOX�) APPROVED AS TO FORM: Ryan Call, City Attorney STATE OF WASHINGTON) ss. COUNTY OF On this day personally appeared before me, V`I� ` �Q%y1 V161%l/L , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that h sh�they executed the foregoing instrument as hiser'their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this (� day of f� (*0ti1 20 2v, Notary's signature 'N�NCL Notary'syprinted name,, Vtl�� (t[_ s�oti +, p %5 4, o � •• s�+T��OT,4�� '9.� $ y �Cj Ins Y rr aL r' 111,11 OP VVAS'�" CARES ACT 9N t GRANT AGREEMENT 7/2020 Nbta,j4 Public in and for the State of Washington. My commission expiresT- -5-