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Home My WebLink AboutAG 20-353 - Los Colores Bilingual Home DaycareCITY- OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 0 GINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY. ASAP ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LDAITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HLTMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#):_ OINTERLOCAL X OTITER CARES ACT FUNDS BUSINESS SUPPORT IGRANT AGREEMENT I a &Wl 940 8,211005 1 NAME OF CONTRACTOR: LOS COLORES BILINGUAL HOME DAYCARE ADDRESS: 28305 20TH AVE S, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 351-6531 E-MAIL: LOSCOLORESDAYCARE@GMAIL.COM SIGNATURE NAME: SILVA SiLvA TITLE: SEEATTACHED TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: E-] YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ■ YES X NO IF YES, $ PAID BY: DCONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVID! ■ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518 060 0. DOCU-MENT/CONTRACT RE11E-41' 11 PROJECT MANAGER ■ DIRECTOR ■ RlSKMANAGEMENT (IFAPPLICABLE) ■ LAW I gal A a LTA IN, INT11 a SCHEDULED COMMITTEE DATE: COMMIT-fEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDORICONTRACTO R 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 / DATE SIGNED ❑ LAW DEPARTMENT SIGNED By LAw 07-28-20 fK SIGNATORY (MAYOR OR DIRECTOR) vtfiltk 014 1 U CITY CLERK "ASSIGNED AG# ,OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Los Colores Bilingual Home Dayeare, a 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: I OS COLORES BILINGUAL HOME 1).AYCARE: Joselyn Silva 28305 20TH AVE S FEDERAL WAY, WA 98003 (206) 351-6531 (telephone) Ade i• 33325 8th Ave. S. Federal Way, WA 98003-632", (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 0MUM 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 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 is not the recipient of other state or federal funding made available as a response to the COVID- 19 ands is e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to COVID- 19, Grantee business (check all that apply): 0 Was required by state or local order to close Ej Was forced to lay off employees due to reduced patronage Ej Incurred over $1,000 in COVID-19 related expenses 15, Experienced 10-50% lost revenue E] Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes., [OFAII , ki CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 {2 a3) 835-7000 wmv cityoffederalway coma a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 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. 5.1 Grantee lftdenmifi6ation. 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. 5.2 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. CrTY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 mm cityoffederalway com 5.3 City IfidgmWRO46 . 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 rcpresentatives- arising from, resulting from or connected with solely caused by the negligent acts, errors, or omissions of the City. 5.4 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. A It" - - - I.- 4"T 0 LIE 6.1 intetpotdtibn and modifitatio . 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. 141-M Wfill WRO 91MIMM-015140 17MI 1 M I LON 19 till Egg I Ly U -i UNI -044 Upi 11 W-MAJU1111111MM,-:1 111 1 6.3 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 & CITY 00 ,PM� Fbdjeral CITY -{ALL 33325 Sth Avenue South Federal Way, WA 8003-6325 (253) 335-7000 vvww cifyoffederalwaycoin 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. LONWA432841311+ l M d Jim Ferrell, Mayor ATE:' s By: a5 W Printed Name: Title: ATE: '7& 1207.0 141,11 ► r ♦ + • 1 Was,hington State Departnient of R(,',,vL4,nue Services Business LookUp LOS COLORES BILINGUAL HOME DAYCARE License Information: Entity name: SILVA, JOSELYN ANAIS Business name: LOS COLORES BILINGUAL HOME DAYCARE Entity type: Sole Proprietor UBI #: 604-289-744 Business ID: 001 Location ID: 0001 Location: Active Location address: 28305 20TH AVE S FEDERAL WAY WA 98003-9277 Mailing address: 28305 20TH AVE S FEDERAL WAY WA 98003-9277 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License# Count Details Federal Way Home Occupation 18 -102956 -00 -BL Business Governing People May include governing people not registered with Secretary or State Governing people Title SILVA, JOSELYN ANAIS Registered Trade Names Registered trade names Status LOS COLORES BILINGUAL HOME DAYCARE Active New search Back to results Status Expiration date Active Jun -30-2021 The Business Lookup information is updated nightly. Search date and time; 7/25/2020 233:26 PM First issued Jun -12-2018 https://secure.dor.wa.gov/gteunauth/—,/#508 111