AG 20-907 - Brooklake Community Church"FAaVA
RETURN TO: Sarah Bridgeford 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: 11/2/2020
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ 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
A O'T'HER CARES Act Child Care Provider Grants Agreement
5. PROJECTNAME: CARES Act Child Care Provider Grants - Brooklake Community Church
6. NAME OF CONTRACTOR: Brooklake Community Church
ADDRESS: 629 S 356h St, Federal Way, WA 98003 TELEPHONE 253-517-8237
E-MAIL: ngolden@brooklake.org FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: 19 SCOPE, WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: See Attached Agreement COMPLETION DATE: 11/10/2020
9. TOTAL
COMPENSATION $15,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: OYES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ 15,000.00
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: 001-1800-990-516-10-490; 267662-25060- Project code
10. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER SJB 10/27/2020
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW DK 10-30-2020
11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCILAPPROVALDATE: 10/6/2020
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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 IDATE S] NED
❑ LAW DEPARTMENT [�
VAGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK itip-ra �]i7
❑ ASSIGNED AG# AG#, Rpt
COMMENTS:
"FAaVA
4SC17v or CITY HALL
Fe ra I Way 33325 8th Avenue South
Federal Way, WA 980038003
-6325
(253) 835-7000
www. cityoffederalway. corn
CARES ACT FUNDS CHILD CARE PROVIDER GRANT AGREEMENT
WITH
BROOKLAKE COMMUNITY CHURCH
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Brooklake Community Church, a Washington nonprofit corporation ("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:
BROOKLAKE COMMUNITY CHURCH:
Nathan Golden
629 S. 356th St.
Federal Way, WA 98003
(253) 517-8237 (telephone)
.or
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.bridgeford@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
7/2020
-1-
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway 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 Fifteen Thousand and 00/100 Dollars ($15,000.00).
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 OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www cityoffederal way. 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 or proselytization as
part of the child care supported with these grant funds.
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
Federal Way
CITY OF
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www Wyoffederal way. 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-
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7/2020
CITY �F CITY HALL
`
Fe d e ra I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederatway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
(a��
Jim Ferrel ayor
DATE: o
BROOKLAKE C MMUNITY CHURCH:
By: i
Printed Name:
Title: Cej
DATE: / / / 3I Z G
STATE OF WASHINGTON)
) ss.
COUNTY OF K og, )
APPROVED AS TO FORM:
"� C A.
Ryan Call, City Attorney
On this day personally appeared before me GcoAi %u I A6\t � s to me known to be the
(mid PhsAor of e>VMV,2 CQrr,muntiy Chucrh that executed the foregoing
instrument, and acknowledged the said instrument 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 the corporate seal of said corporation.
GIVEN my hand and official seal this O3 day of ber 20ao.
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A�a Sal; +111 Notary's signature
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Notary s printed name ,( M F, _ ,} r.
s o�+ �''•� fZ, Notary Public in and for the State of Washington.
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CARES ACT BUSINESS GRANT AGREEMENT -5-
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