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AG 20-167 - Brighthorizon Lawn CareRETURN TO: TIM JOHNSON EXT: 2412 MWE CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM " ORIGINATING DEPT/DIV: __ECONOMIC DEVELOPM ENT --m ORIGINATING STAFF PERSON: _!L\4 JOHNSON EXT: 2412 3. DATE REQ� BY. ASAP TYPE OF DOCUMENT (CHECK ONE): 1:1 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFF, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT 1:1 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES / CDG 0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#):_ DINTERLOCAL X OTHERCARES ACTFUNDSBUSINESS SUPPORT GRANT kGREEMENT PROJECTNAMR CARES ACT -GRANT - ROUND I NAME OF CONTRACTOR: BRIGHTHORIZON LAWN CARE ADDRESS: 1713 SW 359TH ST, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 249-2312 E-MAIL: ELENACLEANIOO@GMAIL.COM SIGNATURE NAME: NAJAR NAJAR TITLE: SEEATTACHED . TERM: COMMENCEMENT DATE: SEEATIACHEDAGREEMENr COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO11 00 ($1,000400) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES,$ -, PAID BY: 71 CONTRACTOR 1:1 CITY RETAINAGE: RETAINAGE AMOUNT: p_ AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE El PURCHASING: PLEASECHARGETO: 001-1800-990-�,'Q,,ii)�'AbhLkt�i��4261662-25060 0. DOCUMENT/CONTRACT REVIEW 11 PROJECT MANAGER El DIRECTOR El RISIS MANAGE MENT (IF APPLICABLE) El LAW q INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 El LAW DEPARTMENT SIGNED By LAW 07-28-20 0 SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 1:1 ASSIGNED AG # AG# -- '-:el �ea 1/2020 ;%6, CItY OF q;�W F6derzil �My CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH BRIGHTHORIZON LAWN CARE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Brighthorizon Lawn Care, a sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and as business at the below addresses which shall be valid for any notice required under this Agreement: Juana Elena Najar 1713 SW 359TH ST FEDERAL WAY, WA 980 (206) 249-2312 (telephone) elenacleanl 00@gmail.com I ill v rKel a a I WIT—MERK A"- M_ Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 835-2520 (telephone) k "253) 835-2509 (facsimile) 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) fall -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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue NF,TV, ,To; CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 mvw cityoffederalway. com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 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 tomake payments under this agreement. 5.1 gj�ptcb 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. S�suld 7, c(cyt *f ot-tutieteett i-o-w-s4lictio-t. ietennine that this Amement is subiect to RCW 4.24.115, then, in the MW_ - 0- ME 0 1 1 al M wo M•oi "*- I restilUng li"0111 1 ne C011CUrTeIlL RegligUMA, V - - - %, N il 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 Grante* 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, disabty benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. CITY 0 F Fbderal My CITY HALL 33325 Sth Avenue South Federal Way VVA 98003-6325 (253) 835-7000 ;'A,VVV, CizYOffedef WWqV COM 5.3 City IhAdinnificatiom 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. 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 itiWwretalion 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. 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 F6deral Vft CITY HALL 33325 8th Avenue South Federal Way, WA 98003-0325 (253) 335-7000 wmvcityo(federalwaycom 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 . single instrument• i "i of pages of Agreement • . 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. Jim Ferrell, Mayor r1 - ATE: BRIGHTHORIZ N CARE: By:, Printed Name: Ct Title: DATE: 1 1� C Services Business Lookup BRIGHTHORIZON LAWN CARE License Information: Entity name: NAJAR, JUANA ELENA Business name: BRIGHTHORIZON LAWN CARE Entity type: Sole Proprietor 1.1131 #: 603-554-681 Business ID: 001 Location ID: 0001 Location: Active Location address: 1713 SW 359TH ST FEDERAL WAY WA 98023-7270 Mailing address: 1713 SW 359TH ST FEDERAL WAY WA 98023-7270 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation Business Newcastle General Business - Non -Resident Nursery Retailer Governing People May Include governing people not registered with Secretary of State Governing people Title NAJAR, JUANA ELENA Registered Trade Names Registered trade names Status BRIGHTHORIZON LAWN CARE Active Status Expiration date Active Jan -31-2021 000009V291MIM Active Jan -31-2021 9F am First issued Feb -20-2019 hftps://secure.dor.wa.govlgteunauth/—/#202 1/1