AG 20-281 - Holistic Care Adult Family HomeEXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING EPT./DIV: ECONOMIC DEVELOPMENT
*RIGINATfNG STAFF PERSON:. JOHNSON, DATE REQ. BY, ASAP
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR L54ITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDEG
❑ 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 E: CARES ACT GRANT HOUND l
NAME OF CONTRACTOR: HOLISTIC CARE ADULTFAMILY HOME
ADDRESS: 1802 SW 330TH ST, FEDERAL WAY, WA, 98023 TELEPHONE: (253)'344-1113
E-MAIL: FWANGANGA@YAHOO.COM
SIGNAT NAME: WANGANGA WANGANGA TITLE: .SEE ACHED
EXHIBITS AND . ■ SCOPE, WORKOR SERVICES ■ COMPENSATION ■ INSURANCE REQUIREMENTS/CERTIFICATE
OTHER r EXHIBITS ■ PROOF OF rw TO SIGN ■ REQUIRED LICENSES ■ PRIOR r
• i ir. w i ;• • r
TOTAL i " iN$ (INCLUDE EXPENSES AND ONE • s AND NO/100 (f iff
CALCULATED ON # ;s• CHARGE - ATTACH SCHEDULES OF r D HOLIDAY
REIMBURSABLE EXPENSE: ■ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED ■ r: ■ CONTRACTOR Ei CITY
RETAINAGE: RETAINAGEAmoUNT: _0 RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDA
0. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISKMANAGEMENT (T APPLICABLE)
❑ LAW
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
2. CONTRACT SIGNAROUTING
❑ 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 EY LAW 07-28-20
■ rr OR DIRECTOR)
IS CITY CLERK
■ ASSIGNED A
Acs
1/2020 -
CITY GF
Fbderal V��y
CITY HALL
33325 6th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cjtyoffederahvqv cam
CARES ACT FUNDS AGI!EA EMENT
WITH
HOLISTIC CARE ADULT FAMILY HOME
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand Holistic Care 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:
I in0) 9 &19 V MEW411-14 NJ fail 0 8 V00 11 WA to
Florence Wanganga
1802 SW 330TH ST
FEDERAL WAY, WA 98023
123
Ade Axiwoola
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 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
E] Was forced to lay off employees due to reduced patronage
Incur -red over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
CITY OF CITY HALL
33325 Sth Avenue South
Am*
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
v cjtyoffederahvqy coin
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
• In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 yandemic. the Citw shalLyrovide a
• to exceed One Thousand and NO/100 • ($1,000.00).
4.2 Non-A-Ppropriation 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.
jnmc! i
5.1 Grantee Indemni'lization. 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 cornivetent furisdiction determine that this
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
• • 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.
CITY OF CITY HALL
33325 Sth Avenue South
A**
Federal Way Federal Way. WA 98003-6325
(253) 835-7000
www cityoffederalway com
5.3 Cify 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 hiteroretatin and Modifigation. 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
[rrovision, 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 thq
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 those covenants, agreements or options, and the same shall be and remain in fall force and
%—Qk,4 F--,Ailur* sir vreime,
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another 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 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
venses incurred in defendjug or bring-gng such claim or lawsuit, includin•all avj * im
- geals.. in addition to r
anpMIL
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 Grantee
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
CITY OF C HALL
33325 3th Avenue South
Federal Way Federal Way, QUA 98993-6325
(253) 335-7099
iwww WyoffedeTalwayoo
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
_ same effect as if all Parties hereto had signed the same document. All counterparts Y be construed
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one i i•rt. The signature• i acknowledgment iY •' icounterparts Y 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. date i in which the last of all of _ Parties have executed
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.
Jir r Ferrell, Mayor
ATE:
, qq 6=
HOLISTIC •ADULT;
Printed e: . W Arj 6 A N
Title: of-r
DATE: v `�
7/25/2020 eSeices
Washington State Departvnent of Revenue
Services Business I.. ukup HOLISTIC CARE ADUI T FAMVI V -ME
License Information: New search
Back to results
Entity name: WANGANGA, FLORENCE WAMBUI
Business name: HOLISTIC CARE ADULT FAMILY HOME
Entity e: Sole Proprietor
I : 603-615-119
Business ID: 001
Location ID: 0001
Location: Active
Location address: 1802 SW 330TH ST
FEDERAL WAY WA 98023-5460
Mailing address: 1802 SW 330TH ST
FEDERAL WAY WA 98023-5460
Excise tax and reseller permitstatus: Click here
Endorsements
Endorsements held at this location License Count Details Status Expiration date,
First issuanc€
Federal Way General Business 16 -102368 -00 -BL Active May -31-2021
Jun -03-2016
Governing People May Include govemfng people not registered with secretary of state
Governing people Title
WANGANGA, FLORENCE WAMBUI
Registered Trade Names
Registered trade names Status
First issued
HOLISTIC CARE ADULT FAMILY HOME Active
May -03®2016
The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:32:47 PM
https://secure.dor.wa.gov/gteunauth/,/#253 1/1