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AG 20-914 - Angels4Ever Daycare�l RETURN TO: Brittany Julius EXT: 253-326-1227 l CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: COMMUNITY SERVICES 2. ORIGINATING STAFF PERSON: SARAH BRIDGEFORD EXT: 2650 3. DATE REQ. BY. 11/2/2020 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 ❑ OTHER CARES ACT FUNDS CHILD CARE PROVIDER GRANT AGREEMENT 5. PROJECT NAME: CARES ACT FUNDS CHILD CARE PROVIDER GRANT AGREEMENT - Venishia Cooper DBA Anlels4Ever Daycare 6. NAME OF CONTRACTOR: VENISHIA COOPER DBAANGELS4EVER DAYCARE ADDRESS: 30236 3RD COURT S. FEDERAL WAY, WA 98003 E-MAIL: ANGELS4EVER06na,GMAIL.COM SIGNATURE NAME: VENISHIA COOPER TELEPHONE 253-880-8941 FAX: TITLE 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: UPON CONTRACT EXECUTION COMPLETION DATE: 11/10/2020 TOTAL COMPENSATION $ NOT To ExcEED -6.000 (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: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDEI ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490; 267662-25060—Project code 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER SJB 10/29/2020 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) It LAW DK 11-4-2020 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 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 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.) WTIAL 1 DATE IGNED ❑ LAW DEPARTMENT 1 �NATORY (MAYOR OR DIRECTOR) 1 j `-1 N7 `— ❑ CITY CLERK \01 �wj- 0 ASSIGNED AG# AG# COMMENTS: 1/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 tvww cityoffederalway. com CARES ACT FUNDS CHILD CARE PROVIDER GRANT AGREEMENT WITH VENISHIA COOPER DBA ANGELS4EVER DAYCARE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Venishia Cooper DBA Angels4Ever Daycare, 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: VENISHIA COOPER DBA ANGELS4EVER DAYCARE: Venishia Cooper 30236 3rd Court South Federal Way, WA 98003 (253) 880-8941 (telephone) 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.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 - 1 - 7/2020 4! CITY OF AN , -S,� 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 service 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 Six Thousand and 00/100 Dollars ($6,000.00). 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. 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, CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 2- 7/2n20 CITY OF CITY HALL A. Feclera 11111ay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com or proselytization as part of the child care supported with these grant funds. CARES ACT BUSINESS GRANT AGREEMENT 7/2020 -3- CITY OF CITY HALL Federa Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 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 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. CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 4- 7/2020 CITY OF CITY HALL AIIII Federal Inlay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. crtyaPfederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: J. Ryan Call, City Attorney DATE: r] VENISHIA COOPER DBA ANGELS4EVER DAYCARE: By: _�&,4410,k� Printed Name: Title: DU,,nu DATE: STATE OF WASHINGTON) ss. COUNTY OF V,} APPROVED AS TO FORM: On this day personally appeared before me, L t� , to me known to be the individual described in and who executed the foregoing instrumdnt, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this la .day of &V , 20A0 pp WiLHELMINA ALGERIA DANIEL Notary's signature 1�1OTA RY Pi_C Notary's printed name i �1,e. ro i� avi L e.4 STATE OF WAST- i :. TON License Number 62'7 Notary Public in and for the State of Washington. My Commission Expires November 6, 2022 My commission expires ----------------- CARES ACT BUSINESS GRANT AGREEMENT -5- J. 5-