HomeMy WebLinkAboutSigned ARPA ContractCOUNTYOF KITTITAS AMEF.ICAN RESCUE PLAN ACT GRANT PROGRAM
The County of Kittitas is pleased to award your organization a financial support grant funded
though the American Rescue Plan Act (ARPA).The funding objective for this program is to
perform the tasks outlined in the attached Exhibit A "Scope of Work,"which is incorporated herein
by this reference,for eligible businesses and non-profits as enumerated in the U.S.Treasury
Department's (U.S.Treasury)Final Rule.
Grant Detalls
There is a critical shortage of childcare options in Kittitas County,and this shortage was
exacerbated by the COVID-19 Pandemic.Happy Feet Academy seeks capital funding for
construction of a new childcare facility in Kittitas County,which will expand licensed childcare
slots in Kittitas County by 34%.Happy Feet Academy will dedicate 50%of available childcare
slots to low-income farnilies.
These funds will allow Happy Feet Academy to construct a new childcare facility in Kittitas County,
as described in the attached Exhibit A "Soope of Work"for the duration described in the
"Compensation."
Funding is awarded in the amount stated in the attached Exhibit B "Compensation"which is
incorporated herein by this reference.Any funds provided by Kittitas County will be issued to the
feitowing personientity (who may also be referred to as the "Grantee"):
Name:Happy Feet Academy
Representative:Melissa Denlinger
Title:Owner
Address:1006 S.Ruby St.;EIIensburg,WA 98926
Email:melissa.happyfeetacademy@gmail.com
Phone Number:(509)933-5222
Grant Funding Agreement
I,the undersigned,make the following acknowledgements:
·The information contained in this agreement is true and complete to the best of my
knowledge,information,and belief.
I understand all awarded funds SHALL be expended no later than January 31,2024.
I acknowledge that awarded funds may only be used for eligible expenses that are outlined
in the Final Rule.
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•I agree to maintain documentation (and provide summaries as part of the annual report
and complete documentation upon specific County request)regarding the manner in
which the funds are expended,including but not limited to financial reports and other
supporting documentation (i.e.,purchase support,invoices,timecards,and payroll
support,etc.).
I understand and agree that records related to the use of grant funds must be produced
promptly upon request fom the County of Kittitas,the U.S.Treasury,and the Comptroller
General of the United States,and other,and agree to submit to audit
I understand and agree that if I receive funding from the County of Kittitas's ARPA Grant
Program,and I do not use all the funds by the January 31,2024 or use the funds for
expenses other than the authorized purpose outlined in my application,I will be equimd
to return the awarded funds to the County of Kittitas.
•I agree that if there is fraud or misrepresentation with respect to the performance of this
Grant Agreement,Kittitas County reserves the right to terminate or amend this Agreement
accordingly,including the right to recapture all funds disbursed under this Grant.
I agree to report in writing all known or suspected fraud or other loss of any funds provided
under this Grant agreement immediately or as soon as practicable,to the Kittitas County
Auditor's Office.
I certify that I have the authority to Fegally bind the business,non-profit,or on3anization.
•l agme to indemnify,defend,and hold harmless the County of Kittitas,IJ.S.Treasury,and
the elected officers,employees,agents and/or representatives of each said govemment
entity,for any ARPA funds received from the U.S.Treasury through the County of Kittitas.
from and against any and all claims,damages,iosses and expenses
To the fullest extent permitted by law,the Grantes shall indemnify,defend,and hold
harmless Kittitas County and its officials,agents and employees and/or representatives,
from and against all claims for injuries or death arising out of or resulting from the
performance of this Grant Agreement."Claim"as used in this contract,means any
financial loss,claim,suit,action,damage,or expense,including but not limited to
attorney's fees,attributable for bodily injury,sickness,disease,or death,or injury to or the
destruction of tangible prooerty including loss of use resulting therefrom.
The Grantee's obligation to indemnify,defend,and hold harmless includes any claim by
Grantee's agents,employees,representatives,or any subgranteelsubcontractor or its
employees.Grantee expressly agrees to indemnify,defend,and hold harmless Kittitas
County for any clairn arising out of or incident to Grantee's or any
subgrantee's/subcontractor's performance or failure to perform the Grant.Grantee's
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obligation to indemnifv,defend,and hold harmless Kittitas County shall
not be eliminated or reduced by any actual or alleged concurrent negligence of Kittitas
County or its agents,agencies,employees and officials.Grantee waives its immunity
under Title 51 RCW to the extent it is required to indemnify,defend,and hold harmless
Kittitas County and its agents,officers,representatives,or employees.
•Kittitas County reserves t,e right.but not the obligation,to participate in the defense of
any claim,damages,losses or expenses and such participation shall not constitute a
waiver of Grantee's indemnity obligations under this Agreement.
•This Grant may be amended by mutual agreement of the parties.Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each
of the parties.
The parties intend that an independent contractor relationship will be created by this Grant.
The Grantee and its empbyees,volunteers,or agents performing under this Agreement
are not employees,volunteers,or agents of Kittitas County.The Grantee will not hold
itself out as or claim to be an officer,volunteer,or employee of Kittitas County by reason
hereof,nor will the Grantee make any claim of right,privilege or benefit which would
accrue to such officer,volunteer,or employee under law.Conduct and control of the work
will be solely with the Grantee.
If all of the above outlined requirements are not met in full,or if any inforrnation provided
on this application is found to be false or incorrect,the business,non-profit.or organization
will be deemed immediately in default and funds shall be returned to the County of Kittitas
within 30 days of written ratification of default.1 also agree that,if I accept the County of
Kittitas's ARPA Grant Program funding,I will be bound by the obligations and liabilities
described in this agreernent,and that the County of Kittitas shall have the right to enforce
those obligations and liabilities in any manner provided by law.
By signing below,the applicant represents,warrants,and certifies that the information
provided herein is true,correct,and complete.I also understand and agree ttiat this
agreement,combined with award of a County of Kittitas ARPA Grant,constitutes a binding
contract,and shall be deemed a valid original instrument if delivered electronically.
Print Recipient Name &Title
Authorized Signature:Date
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The County of Kittitas hereby enters into this grant agreement with the grantee narned herein.
Print County Name &Title
Signature Date
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EXHIBIT "A"
SCOPE OF WORK
1.Funds for this project will be used as working capital to construct a new 8400
square foot early learning facility to serve 112 children,56 of which will be
subsidized for low-income families,located at 1410 Lakeshore Wayh EIIOnSburg,
WA 98926,as described in the "Early Learning Facilities (ELF Program Working
Papers)",dated 7/15/2022,and incorporated by reference.
2.Funds provided by Kitti-.as County shall only be used for construction costs,and
will not be used to operate or maintain a childcare or daycare program.
3.Happy Feet will assure that all persons having contact with youth that attend this
program have passed background checks as required by RCW 43.43.830 through
RCW 43.43.838.
4.Happy Feet shall comply with all federal,state,and local laws and all requirements
(including debarmentar d other required certifications and audits)related to ARPA
Funds.
5.Happy Feet will provide an annual report by December 31*of each year describing
the year's activities,expenditures,and accompIlshments.
6.Happy Feet will provide all necessary paperwork,documentation,information,and
program access necessary for the County to comply with its own reporting and
oversight requirements 'elated to these ARPA funds.
7.Happy Feet understands and agrees that any and all real property or facilities
owned by Happy Feet that are acquired,constructed,or otherwise improved by
Happy Feet using county funds under this contract shall be held and used by
Happy Feet for the puraose or purposes stated elsewhere in this contract for a
period of at least ten (10)years from the date the final payment is made hereunder.
This provision shall not be construed to prohibit Happy Feet from selling any
property or properties described in this section,provided,that any such sale shall
be subject to prior review and approval by Kittitas County,and that all proceeds
from such sale shall be applied to the purchase price of a different facility or
facilities of equal or greater value than the original facility and that any such new
facility or facilities will be used for the purpose or purposes stated elsewhere in this
contract.
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In the event Happy Feet is found to be out of compliance with this section,Happy
Feet shall repay the principal amount of the grant as stated in Exhibit B
"Compensation"below.
8.Happy Feet agrees th s Grant shall be evidenced by a promissory note and
secured by a deed of trust or other appropriate security instrument in favor of
Kittitas County (the "Deed of Trust").The Deed of Trust shall be recorded in Kittitas
County,and the original returned to Kittitas County after recordation within ninety
(90)days of contract execution.Kittitas County will initially be in lienholder position
2,but will then be subrogated to position 3 lienholder when the lender and WA
Dept of Commerce record their respective Deeds of Trust.The Deeds of Trust
and needed subrogationdocumentationwill be provided by Happy Feet for Kittitas
County's reviewand approval.Recording will be handled by Happy Feet,at Happy
Feet's expense.
The Deed of Trust must be recorded before Kittitas County will provide funds to
Happy Feet.The amount secured by the Deed of Trust shall be the amount of the
grant as set forth in Exhibit "B"Compensation,below.
The Deed of Trust shall remain in full force and effect for a period of ten (10)years
following the final payment of state funds to Happy Feet under this grant.Upon
satisfaction of the 10-year term requirement and all other grant terms and
conditions,Kittitas Co_mty shall,upon written request of Happy Feet,take
appropriate action to reconvey the Deed of Trust.However,Happy Feet must
provide written evidence of site control,for a minimum of 10 years after final grant
payment,either through outright ownershipof the subject property or a long-term
lease.
9.Provide insurance coverage as set forth below.The intent of the required
insurance to is protect <ittitas County should there be any claims,suits,actions,
costs,damages,or expenses arising from any loss,or negligentor intentional act
or omission of the Grantee,or agents thereof,while performing under the terms of
this Grant.
The Grantee shall provide Kittitas County with copies of insurance instruments,
certifications,and endorsementsfrom the insurance issuing agency.The copies
or certifications shall show the insurance coverage,the designated beneficiary,
who is covered,the amounts,the period of coverage,and that Kittitas County will
be provided thirty (30)days advance written notice of cancellation.
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AII insurance shall be issued by companies adrnitted to do business in the State of
Washington and have a rating of A-,Class VII or better in the most recently
published edition of Best's Reports unless otherwise approved by the County.If
an insurer is not admitted,all insurance policies and procedures for issuing the
insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
Commercial General Liability Insurance Policy.Provide a Commercial General
Liability Insurance Policy,including contractual liability,written on an occurrence
basis,in adequate quantity to protect against legal liability arising out of Grant
activity but no less than $1,000,000 per occurrence.Additionally,Happy Feet is
responsible for ensuring that any Subcontractors provide adequate
insurance coverage for the activitiesarising out of subcontracts.
Property Insurance Grantee shall keep the Property insured in an arnount sufficient to
perrnit such insurance to be written at all times on a replacement cost basis.
Fidelity Insurance.Every officer,director,employee,or agent who is authorized
to act on behalf of the Grantee for the purpose of receiving or depositing funds into
program accounts or issuing financial documents,checks,or other instrumentsof
payment for program costs shal[be insured to provide protection against loss:
A.The amount of fidelity coverage secured pursuant to this Grant shall be
$2,000,000 or the highest of planned reimbursement for the Grant period,
whichever is lowest.Fidelity insurance secured pursuant to this paragraph shall
narne Kittitas County as beneficiary.
B.Subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above.Fidelity insurance secured by
Subcontractors pursuant to this paragraph shall name the Grantee and the
Grantee'sfiscal agent as beneficiary.
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EXHIBIT "B"
COMPENSATION
Compensation is a one-time oayment totaling $500,000.However,before payrnent is
issued,Happy Feet must record the Deed of Trust described in Exhibit "A";an invoice to the
Auditor's Office for the payment period which shall be paid by the Auditor within thirty (30)
days of receipt;as well as a W-9.
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