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HomeMy WebLinkAboutAG 20-146 - Baraka AFHCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV-., ORIGINATING STt : PERSON: TIi DATE TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION Doc NT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMINT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMINT ❑ HUMAN SERVICES/ CDG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME- CARES ACT GRANT --ROUND 1 NAME OF CONTRACTOR: BARAKA ADULT FAMILY HOME ADDRESS: 2731 SW 314TH ST, FEDERAL WAY, WA, 95023 TELEPHONE: (253) 561-3693 E-MAIL:VUS 2 a@YA OO.COM SIGAT E: MOSES WAMBUI TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: Li SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS ■ PROOF OF i• TO SIGN ■ REQUIRED LICENSES ■ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: • + i � i '� r � x r � • • � r � i ' ! ! � '. f f f f CALCULATED ON HOURLYLABOR CHARGE - ATTACH SCHEDULES OF r HOLIDAY REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO RETAINAGE: RETAINAGE AMOUNT: .._C 1'RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ROVIDED f �r ' PROJECT i 1 i QiDI! • i- ■ RISK MANAGEMENT ■ 4 j -77 S SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ■ i ifl' f1 ! � �• � ■ ATTACH: ii AUTHORITY, INSURANCE 3 REMINDER/NOTIFICATION tCERTIFICATE, • CREATE ELECTRONIC R I MONTH PRIOR TO EXPIRATION DATE (Include dept. `if necessary INITIAL DATE ■ LAW DEPARTMEf 41-0-0 WAO 42020 qTY OF F;6djeral My, CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 335-7000 www cRyoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH BARAKA ADULT FAMILY HOME This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Baraka Adult Family Home, 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: 14y.11% 411.111K.W.Nu 0 IN 8 Kid I I WA; Moses Wambui 2731 SW 314TH ST FEDERAL WAY, WA 98023 I CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic 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): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY Of CITY HALL 33325 Sth Aveme South A'! Federal Way. WA 98003-6325 Fe d e ra I Wa y (253) 835-7000 wmv cltyoffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 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. 900191 i� 5.1 Granted 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 gation 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 comy,�Jurisdiction determine that this A,.yi�- - �—sub�ec VLL0_R1'­ ff_��_then_hLthe- 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 FORIVIRM �,, �111�10 �161 .1 �12,1 �Z,�M 4 CITY OF F6deral VVoy CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mwv. cityoffederah-va,v corn 5.3 City 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 • action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or • 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. 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. 6.1 lntqWt4afiorI and 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 fprovision, may •` amended, waived, or modified except by written agreement signed • duly authorized representatives of the Parties. 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantef represents and warrants that such individual i authorized to execute and deliver this Agreement. This CITY Of A% V%lay 56deral CITY MALL 33325 8th Avenue: South Federal Way, WA 98003-5325 (253) 835-7000 Gv cltyoffederalway cram 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 i i. signature and acknowledgment pages fromrts 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. ATE: " BARAZ ADULT FAMILY : Printed Name:rv-/ Title:Pav-16LO ATE: t 7/27/2020 eServices VV— L ,,e prices, Business Lookup BARPiKlk ADLALT FAM k1Y HOME License Information: Entity name: WAMBUI, MOSES KABUI Business name: BARAKA ADULT FAMILY HOME Entity type: Sole Proprietor UBI #: 603-150-197 Business ID: 001 Location ID: 0001 Location: Active Location address: 2731 SW 314TH ST FEDERAL WAY WA 98023-7842 Mailing address: 2731 SW 314TH ST FEDERAL WAY WA 98023-7842 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 12 -104838 -00 -BL Governing People May include governing people not registered with Secretary ol'State Governing people Title WAMBUI, MOSES KABUI Registered Trade Names Registered trade names Status BARAKA ADULT FAMILY HOME Active hps://secure.dor.wa.gov/gteunauth/_/17 Status Expiration date First issuance Active Oct -31-2020 Nov -08-2012 to. -# # 6 INEMMIFT, M