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AG 19-244 - Family Life Christian Center RETURN TO: Sarah B,idgeford EXT: 2650 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD/CS 2. ORIGINATING STAFF PERSON: Sarah Bridgeford EXT: 2650 3. DATE REQ.BY: 12/19/2019 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0-PROFESSIONAL SERVICE AGREEMENT El-MAINTENANCE AGREEMENT ------__ ❑ GOODS AND SERVICE AGREEMENT LSI HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Severe Weather Shelter MOU 6. NAME OF CONTRACTOR: Family Life Christian Center ADDRESS: 1925 S 341st PI,Federal Way,WA 98003 TELEPHONE E-MAIL:Pastordan@Fl-cc.com FAX: SIGNATURE NAME: TITLE Pastor 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 11/1/2019 COMPLETION DATE: 3/31/2020 9. TOTAL COMPENSATION$n/a _ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ 1S SALES TAX OWED 15YES 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 INITIAL/DATE REV! WE INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: n/a COUNCIL APPROVAL DATE: n/a 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ 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 = Z P"U" GNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# 1 ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: CITY OF CITY HALL South Fri d e ra l ■ �r/ay 33325 8th Avenue � Federal Way,WA 980038003 -6325 (253) 835-7000 www cityofiederalway..com SEVERE WEATHER SHELTER AGREEMENT This Severe Weather Shelter Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), Family Life Christian Center, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses, which shall be valid for any notice -required under this-Agreement: FAMILY LIFE CHRISTIAN CENTER: CITY OF FEDERAL WAY: Dan Larson Sarah Bridgeford 1925 S 341st Pl. 33325 8th Ave. S. Federal Way, WA 98003 Federal Way, WA 98003-6325 (253) 838-3275 (telephone) (253) 835-2650 (telephone) Pastordan@fl-ce.com Sarah.Bridgeford@cityoffederalway.com WHEREAS, IT IS THE PURPOSE OF THIS AGREEMENT to provide partnership and support for the community through a severe weather shelter and to provide overnight shelter during severe weather that presents a substantial threat to the life or health of persons experiencing homelessness. NOW,THEREFORE,IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The City and the Agency will provide severe weather shelter services to persons experiencing homelessness as described in Exhibit A - Services. Agency shall comply with the City's Severe Weather Shelter policy and any future revisions to that policy. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on November 1, 2019 and be completed March 31,2020. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. TERMINATION WITHOUT CAUSE Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered in accordable with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligation under this Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. SEVERE WEATHER SHELTER AGREEMENT 1 - Rev. 3/2017 ` trx of CITY HALL ��. 33325 8th Avenue Fe d e ra I Way Federal Way,WA 980038003 -6325 (253) 835-7000 www.cltyoffederalway.com WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If the provisions of this Agreement or any provision of any document incorporated by reference shall beheld invalid, such _ invalidity shall not affect the other provisions of this Agreement, which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this extent the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other underwritings, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. RATIFICATION Any act consistent with the authority and prior to the effective date of this agreement is hereby ratified and confirmed. INDEMNIFICATION The Agency agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from all liability, claims, actions and demands, including attorney's fees, costs and litigation expenses, to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from this Agreement or its performance, except for that portion of the claims caused by the City's sole negligence. INSURANCE The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. No Limit of Liability. Agency's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Agency's insurance and shall not contribute with Agency's insurance. 6.2. Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. CONFIDENTIALITY.All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. [Signature page follows] SEVERE WEATHER SHELTER AGREEMENT -2 - Rev.3/2017 CITY OF CITY HALL Fed G ra l Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: ILAVIV Jim FlTyk, K4ayor S ph nie Courtney, CM , ity Clerk DATE: 6 APPROVED AS TO FORM: J. Ryan Call, City Attorney FAMILY LIFE CHRISTIAN CENTER: By: Printed Name: ., Title: �— DATE: I�I STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me 'Z!L,, , 5 Lfjv—(�, to me known to be the ? V11-r— of � i a,, �-� that executed the foregoing instrument, and acknowledged the said Inst utne t to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the4 pcorporate seal of said corporation. GIVEN my hand and official seal this } ! day �''v�-rw , 20�q ti��Y�•°�'`ttt�ttttoff, Notary's signature _ .. yt� „CL,A �. Nj� Notary's printed namet Ga _bN Ex i�+ �''i� Notary Public in and for the State of Washington. zlus g 0A�' �'� My commission expires La f t r Q S Q:'' C oe 101 �OF SEVERE i1f W%fUBR HELTER AGREEMENT - 3 - Rev. 3/2017 Cirr OF CITY HALL Fe rd a ra f Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.com EXHIBIT A SERVICES 1. The City shall do or provide the following: a. Bet\ een the nzontlis of Noven-fiber and March.the City or Federal Wav will monitor whiter weather conditions and determine if/when the severe weather shelter should be opened. b. Policy on when the shelter will open: i. The shelter will be activated by the City of Federal Way Mayor or designee when: 1. Low temperatures fall below 32 degrees for at least 24 consecutive hours or more, and/or 2. Snow accumulation exceeds or is expected to exceed 3 inches in depth, and/or 3. Other conditions deemed severe enough to present a substantial threat to the life or health of homeless persons are present in Federal Way. 4. And at least one other shelter in King County has been activated. ii. The City will contact the host church/location and Catholic Community Services at least 12 hours before the shelter should be open to accept clients. CCS and the Agency will then contact the City within 2 hours to confirm that staffing, volunteers, and facility are ready. The City will declare that the Severe Weather Shelter is open and make the public announcement. iii. Announcement: the City will make an announcement the days that the shelter is open. iv. The notice or announcement will be distributed via email to the South King County Forum on Homelessness, Crisis Connections (2-1-1),Federal Way Public Schools, local churches and nonprofits, and to all city staff. c. The City shall provide or coordinate: i. Supplies for the shelter to include cots,blankets, cleaning supplies, and drinking water. d. The City will notify potential volunteers to prepare shelter cots and blankets for use and to help monitor over-night shelter with the guidance and oversight of the paid agency staff. e. The City shall contract with Catholic Community Services (CCS)to provide staffing for the severe weather shelter. i. CCS will: ii. Provide trained staff to conduct safety screening of clients seeking shelter and to monitor and supervise shelter clients throughout their over-night stay in the shelter iii. CCS will staff the severe weather shelter according to iv. the following general schedule. The schedule will be set as part of the program policies and in accordance with the Agency site availability. 1. 8:30 pm—arrive at the shelter to start intakes 2. 9:00 pm to 6:30 am—the shelter will remain open to receive clients 3. 6:30 am—begin shutdown procedures to close the shelter 4. 7:00 am—close and lock the facility* 5. *The shelter may be opened earlier or remain open later if both the City and church(es) agree. During these times, staffing will be managed by the host church volunteers only(no CCS paid staff). v. CCS will be responsible for intake and data collection for each person seeking shelter. vi. It is ultimately the responsibility of CCS staff to manage residents seeking shelter. CCS is providing trained staff who are knowledgeable of how to engage with people in crisis. This is not the responsibility of the volunteers. CCS holds insurance as part of its contract with the City of Federal Way. vii. City of Federal Way Police is on alert when the shelter is open and CCS staff should call 9-1-1 when an emergency occurs. viii. CCS will call the City of Federal Way before 7:00 AM to report the number of people who stayed at the shelter,report problems or shortages, and notify that the shelter is closed for the day or if volunteers are keeping it open. ix. CCS staff will ensure the shelter location is cleaned. SEVERE WEATHER SHELTER AGREEMENT -4- Rev.3/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com x. CCS will complete a walk-through checklist at the start of shelter and before closing. 2. The Agency shall do or provide the following: a. When the City declares that a severe weather condition exits that necessitates the opening of a severe weather shelter,the City will ask the Agency to open a shelter to house individuals on a rotating basis.The order of rotation will be incldued in the Severe Weather Shelter Policy and will include all participating agencies in an agreed upon rotation. b. Agency shall provide the name and contact information of the person able to respond within the timeframe necessary to coordinate the opening of the shelter. c. Once the City contacts the Agency to indicate shelter will be activated,the Agency shall respond within two hours to confirm that the facility is ready and any additional information such as volunteers available via the Agency. d. The Agency will open its facility as a shelter unless one or more of the following circumstances prevent it: i. Loss of power; ii. Insufficient staff and volunteers; iii. Facility is not operational. e. Depending on location and volunteers, separate areas may be provided for men,women, and/or families. f. The Agency will operate the severe weather shelter according to the following schedule set in the Severe Weather Shelter Policy and in accordance with the Agency site availability. g. The host Agency may supply volunteers to prepare shelter cots and blankets for use, clean the shelter area, and to help monitor over-night shelter with the guidance and oversight of the paid agency staff. h. The Agency may choose to provide meals for shelter residents before or after the shelter hours. i. Guests will only have access to the foyer,restrooms, and designated outside smoking area. SEVERE WEATHER SHELTER AGREEMENT - 5 - Rev. 3/2017 12/19/2019 Corporations and Charities System BUSINESS INFORMATION Business Name: FAMILY LIFE CHRISTIAN CENTER UBI Number: 602 584 602 Business Type: WA NONPROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1925 S 341ST PL, FEDERAL WAY,WA, 98003-6006, UNITED STATES Principal Office Mailing Address: 1925 S 341ST PL, FEDERAL WAY,WA, 98003-6006, UNITED STATES Expiration Date: 02/28/2020 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 02/13/2006 Period of Duration: PERPETUAL Inactive Date: Nature of Business: RELIGIOUS, CHARITABLE REGISTERED AGENT INFORMATION Registered Agent Name: DAN LARSON Street Address: 1925 S 341ST PL, FEDERAL WAY,WA, 98003-6006, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JOHN BURGER GOVERNOR INDIVIDUAL DIANE LARSON GOVERNOR INDIVIDUAL MICHAEL STANLEY GOVERNOR INDIVIDUAL DAN LARSON GOVERNOR INDIVIDUAL DWIGHT PAULS https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1