AG 20-103 - Acts Adult Family HomeRETURN TO: TIM JOHNSON EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT s.
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING ST F PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, Q)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LEVITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CON CT NT (AG#): ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CAFES ACT GRANT — ROUND I
NAME OF CONTRACTOR: ACTS ADULT FAMILY HOME
ADDRESS: 28604 26TH AVE S, FEDERAL WAY, WA, 98003 TELEPHONE: (425) 791-1542
E-MAIL: NANO AINA407 AIL.COM
SIGNATURE NAME: MAINA MAINA TITLE: SEE ATTACHED
TOTAL ■ENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND #
HOURLY(IF CALCULATED ON %OR CHARGE - ATTACH SCHEDULES OF t # AND HOLIDAY
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ■ YES X NO IF YES, $ PAIDBY. ■ CONTRACTOR El CITY
RETAINAGE: RETAlNAGEAmoUNT:,_ — El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDJ
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code# 267662-25060
0. DOCUMENT/CONTRACT REit INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISKMANAGEMENT (IFAPPLICABLE)
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COtMMITTEE DATE: COMMZITEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLE u..
❑ ASSIGNED AG# A� 0� e
'OMMENTS:'
1/2020
�CITY OF
F6deral MMI
CITY HALL
33325 8th Avenue South
Federal Way., WA 98003-6325
(253) 835-7000
www. cityoffederah-vay cern
ICARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMEl
WITH
ACTS ADULT FAMILY HOME
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and ACTS 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 Agreeffient:
Nancy Maina
28604 26TH AVE S
Federal way, WA 98003
I i N sm., M, =_ - -
11KIIII&INIMMIUMVIn line
neivil
I CITY OF FEDERAL WAY:
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2520 (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. 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 pandernic
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):
E] 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
E] Experienced over 50% lost revenue
2.2 Use of Funds:, Grantee affirms that grant funds will be used for the following purposes -
CARES ACT BUSINESS GRANT AGREEMENT - 1 -
CITY OF CITY HALL
33325 Sth Avenue South
Federal Way. WA 98003-6325
Federal Way
10IM"00 (253) 835-7000
com
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) arketing
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.
011109��
ON
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-ADDropriation 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 irantee Inde The Grantee agrees to release indemnify, defend, and hold the City, its
_G
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 tenns 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 -1. 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.
%CARES ACT BUSINESS GRANT AGREEMENT -2-
CITY OF
P er,a l V%kki
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cjtyoffed6rahvqy coin
5.3 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 exten)
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 Intelp to gr
ittAtion and Modificatn. This A eement 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
[►rovision, 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 perfonnance 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 those covenants, agreements or options, and the same shall be and remain in fall force and
effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive
suc�'�,rea&t *r defaiilt- Fgibire of 6e City to declare one breach or default does not act as a waiver of the City's
3MMM1=1TM MIMINIF
accordance with the I aws ot Me Ntate ot ITT astungton. it trie-Warties are unaole to settle any aispute, aliference 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 agree in writing to an alternative process. If the King County Superior Court
does not have jurisdiction over such 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 all appeals, in addition to any other
recovery or award provided by law; provided, however, 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 Grante,4
represents and Zi -rants that such individual is duly authorized to execute and deliver this Agreement. This
P4deral Way
QTY OF
CITY HALL
33325 8th Avenue South
Federal Way, WA 8003-5325
(253) 335-7000
wwwcifyoffederalwaycom
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
s. same .. as if all Parties hereto . I signed e same ',. All such
counterparts shall be
construed e:.
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart.y and acknowledgment pages fromcounterparts r 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. of all of Parties haveexecuted r
counterpart of this
Agreement shall be
the "date1execution"
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
Jim Ferrell, Mayor
ATE "
ACTS ADULT FAMILY HOME:
By:
Printed e: Cil 1
Title:
ATE: 7 ( 1 1 2-0 20
7/24/2020 eServices
lh'ashmgton State Department of Revet"Lie
Services Business Lookup ACTS ADU1.71 FAMILY HOME
License Information: New search Back to results
Entity name: MAINA, NANCY WANJIKU
Business name: ACTS ADULT FAMILY HOME
Entity type: Sole Proprietor
UBI #: 603400-727
Business ID: 001
Location ID: 0001
Location: Active
Location address: 28604 26TH AVE S
FEDERAL WAY WA 98003-3304
Mailing address: 28604 26TH AVE S
FEDERAL WAY WA 98003-3304
Excise tax and reseller permit status: Click here
Endorsements
Endorsements held at this location License # Count Details Status Expiration date First issuance
Federal Way General Business 16 -100058 -00 -BL Active May -31-2020 Jan -06-2016
Governing People may include governing people not registered with Secretary of State
Governing people Title
MAINA, NANCY WANJIKU
Registered Trade Names
Registered trade names Status First issued
ACTS ADULT FAMILY HOME Active Nov -14-2014
The Business Lookup information is updated nightly. Search date and time: 7/24/20202:52:25 PM
hftps://secure.dor.wa.gov/gteunauth/—/#42 1/1