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HomeMy WebLinkAboutAG 20-849 - Yo Soy Unico DaycareTO: Tim Johnson EXT: 2412 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ?. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQBY- AsAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 11 LLQ LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE E3 RESOLUTION * CONTRACT AMENDMENT (AG): DINTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT 6. NAME OF CONTRACTOR: YO SOY UNICO DAYCARE ADDRESS: 30462 IOTH AVE S, FEDERAL WAY WA 98003-4118 T ELEPHONE: (253)269-8838 E-MAIL: mARiAcARmENcoRBiN@GmArL.com SIGNATURE NAME: MARIA CORBIN TITLE: SEE ATTACHED E--XHIBITS AND ATTACHNIENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 AZET OTHER REFERENCED EXHIBITS 171 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAY, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY 1 113"111 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490RrD 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED CT MANAGER TOR 2--26 0 11 RISK MANAGEMENT (iFAPPLicABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMYRTTEE DATE: CommiTTEP APPRovAL DATE: SCHEDULED COUNCIL DATE: CouNciL APPRovAL DATE: 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) I.INITIAL DATE SIGNED * LA'%'DEP ARTMENT V,RGNATORY (MmOR OR DIRECTOR) 11 CITY CLERK qej 0 ASSIGNED AG# AG# COMMENTS: M This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Yo Soy Unico Daycare, a profit 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: 3 0462 1 Oth Ave S FEDERAL WAY, WA 98003-4118 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 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, is 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 tote date of execution of this grant agreement; d) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service-, g) Due to COVID- 19, Grantee business (check all that apply): Was required by to or local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue fR Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance 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 Rinds 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 -,tandemic . shall y-rovide agTant to the GmwrateA in an amo riot to exceed Two Thousand and NO/I 00 Dollars ($2,000.00). 4.2 Non-ApproLnation of Funds. If sufficient funds are not appropriated or allocated for payment r� ti � (?,e r 6 i i s 1L m --e eTc,, ei it ft, r ;znv fi s c v.1 ne:44-, d- Ah -e -Civ T wi I I n t b e o b I i g at e d t * w ak e 9,g t � e, -ti t s i i -g d e rTt J s a eewwL 5.1 Qrbutdi� luddinnification. 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 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 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 i%ursuant bi 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, tation 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 ftirther acknowledge that they have mutually negotiated this waiver. .1 RM 110161 to] WMIJ I M C-3 #01 to V-4) CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, AW 98003-6325 (253) 835-7000 mm otyoflpderalwa� care 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, effors, 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 Jinewretafion and,Modificafion. 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. 6.2 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 of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. WbRM31f- 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 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 0 appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect CITY OF 4 ay ., Federal W 0A, CITY HALL 33325 8th Avenue South Federal1 , WA 98003--6325 (253) 835-7000 www ctyotWeraWayon, 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 execution7 hereof. OrIVIC CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Washington State Department of Revenue Business Lookup License Information: Entity name: CORBIN ENTERPRISES INC, Business name. YO SOY UNICO DAYCARE Entity type: Profit Corporation UBI #® 604-282-515 Business ID. 001 Location lCe 0001 Location: Active Location address: 30462 10TH AVE S FEDERAL WAY WA 98003-4118 Mailing address: 30462 10TH AVE S FEDERAL WAY WA 98003-4118 Excise tax and reseller permit status: Secretary of State states: Endorsements Endorsements held at this location Lkense # Count Fecipjal Way Home Occupation Businesc Governing People Governing people CORBIN, MARIA C Registered Trade Names Registered trade names Status CHICHARITOS SOCCER CLUB Active YO SOY UNIOD DAYCARE Active YO SOY UNICO FAMILY CHILD CARE Active Newsewch BiackLaremAts Curls here Click here Details stit"s Expiration date First iiisuance, date Active Jun -30-2021 Jun -19-2.020 Title President, Director View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/7/2020 1.47:23 PM First issued Jun -19-2018 Jun -19-2018 Jun -19-2018