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AG 20-329 - Kinder-StartRETURN • O : TIM JOHNSON EXT: 2412 CITY OF FEDERAL .W DEPARTMEROUTING r ORIGINATING EPT./DIV; ECONOMIC DEVELOPMENT ORIGINATING ST F PERSON: TIM �JOHNSON _ EXT: 2412, u 3. DATE Q. BY ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP,Q) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SRVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CON CTA NT(AG): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: KINDER -START ADDRESS: 2652 SW 332 ST, FEDE WAY, WA, 98023 TELEPHONE: (206) 330-1899 E-MAIL: KINDER ST T@YAHOO.COM SIGNAT NAME: DEOL TITLE: SEE ACHED TERM:EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS i D• AGREEMENT t i TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 (S11000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:■ YES X NO IF YES, MAXIMUM DOLLAR IS SALES TAX OWED ■ YES X NO IF YES, $ PAID BY. ■ CONTRACTOR RETAINAGE: RETAINAGE AMOUNT: _,_ 53 RETAMAGE AGREEMENT (SEE CONTRACT) OR ci RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code# 26766225060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL1 DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR wc. ❑ RISK MANAGEMENT (IF APPLICABLE) z ar ❑ LAW 1. COUNCIL V (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE - El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC OTIICATION 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/ ATE SIGNED ❑ LAW DEPARTMENT SIGNED By LAW 07-28-20 ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLE Id ❑ ASSIGNED AG# AG# —_Uf�-- 1/2020 0.Y 00 Pbdeml VVoy CITY HALL 33325 Sth Aveme Breath Federal Way.. WA 98003-6325 (253) 835-7000 www. cityoffederalway. com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH KINDER -START This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kinder -Start, 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: r Rupinder Deol 2652 SW 332ND ST FEDERAL WAY, WA 98023 kinder—start@yahoo.com M Ade Ariwoola 33325 8th Ave. S. Uederal 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 pane is 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): 0 Was required by state or local order to close E] 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 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITY HALL 33323 3th Avenue South Federal Way, WA 98003-6325 Federal Way (2 a3) 335-7000 %vww eityoffec ra vqy corp a) Mortgage or Rent ) Personal Protection Equipment c) Insurance d) Utilities e) Marketing ) 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. • • any of ` conditions described in sectionabove, 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 amoun) fiot to exceed One Thousand x • NO/ it l!llars (r 1,000. il' agreement.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 5.1 'Grantee lhderftnifiq�on. 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 competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of .r for damages arising out of bodily injury to persons or damages to property x `i by or covenantsresulting 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 of f • #,.. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantei 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 . •' on o♦ of damages, ! •' • or benefits payable ♦ or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge thathave r;• `# this waiver. CITY OF A** d al My CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedei-aiway corn 5.3 Q�y Ifidemnific4lob. 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. §� 1911 IM 9 W I,i I 6.1 1hkWretatiog OWA"fieation. This Ap-reement 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 ar.4 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 those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or dela:k% of the Citg to declare ang breach or default immediatelgLwgcon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the Citys 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 expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovervi or ak&,r.-.rd iit.,rovided bVAaw, �6--,,Lvlvided ' however ' howev,,;=is1hitj*t*tWm puir. 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 FOYARM �,, �11- . 1�2,- AN Fbdefal )Ajoy 4% CITY OF CITY HALL 33325 3th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 www cltyoffedera1w ycorn :1110(t all 011111171 Tfi=wl ITI the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constituteone _ but , ■' proof hereof it shallonly be necessary i • it 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. - date upon which the lastof all of - Parties . executed r 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. KINDER -START: By: m,_ ... Printed Name Title: ATE: 4� Senfivas Bu,sine.,ss Loakur,,,:,, KINDER-S"t"Via; T License Information: Entity name: DEOL, RUPINDER KAUR Business name: KINDER -START Entity type: Sole Proprietor UBI M 602-713-898 Business ID: 001 Location ID: 0001 Location: Active Location address: 2652 SW 332ND ST FEDERAL WAY WA 98023-2892 Mailing address: 2652 SW 332ND ST FEDERAL WAY WA 98023-2892 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way Home Occupation 07 -102033 -00 -BL Business New search Back to results Details Status Expiration date Active Apr -30-2021 Governing People May Include governingpeople not registered with Secretary of State Governing people Title DL, RUPINDER KAUR https:/Isecure.dor.wa.gov/gteunauth/,/#416