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AG 20-471 - Smart Driving SchoolRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTI NG FOR M III . . . . 111M 1 ; Irwamiresum. I 2. ORIGINATING STAFF PERSON: —TIM JOHNSON EXT: 2412 3. DATE Q. BY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDG El REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 0 RESOLUTION 11 CONTRACT AMENDMENT (AG): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: —CARES ACT GRANT —ROUND 6. NAME OF CONTRACTOR: SMART DRIVING SCHOOL ADDRESS: 33100 PACIFIC HWY S, #11, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 258-9079 E-MAIL: RUBY@SMARTDRIVINGSCHOOLS.COM SIGNATURE NAME: RUBY BUENAVISTA TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (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: Ei CONTRACTOR 0 CITY RETAINAGE: RETAfNAGE AMOUNT: D RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND PI?OVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25060 10. DOCUMENT/CONTRACT REVIS INITIAL / DATE REVIEWED INITIAL / DATE APPROVED CIPROJECT MANAGER .4 0 4DIRECTOR 77 —, Cin P 'ISK MANAGEMENT (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPRovAL DAm SCHEDULED COUNCIL DATE: COUNCIL APPRovAL DATE: INKY—Ozy I El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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.) INITIAL / DATE SIGNED 0 LAW 'EPARTMENT N Tj TO 'ARY (MAYOR OR DIRECTOR) El CITY CLERK I�ASSIGNED AG# AG 1/2020 COMOF own redetall i M�- CITY HALL 33325 Sth Avenue South @ (253) 835-7000 www cilyoffederaiway. com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENI WITH SMART DRIVING SCHOOL This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Smart Driving School, 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: 111111 W �1 t Ruby Buenavista 3 3 100 PACIFIC HWY SWJ FEDERAL WAY, WA 98003 (253) 258-9079 (telephone) R"A I on M 1511] of Ade Ariwoola 33325 8th 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 fescribed herein. 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 clo■se Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over %e t lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT - I - A& CITY or- CITY HALL 33325 Sth Avenue South q�W F6deml Vft Federal Way, WA 98003-6325 (253) r•• www • coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may • all disbursed grant funds and terminate this agreement. !1111111111 1,1111 111KINF811161i I 4.1 • In order to promote healthy economic activity in the City and in r• to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 • of E40&. If sufficient funds are not appropriated • allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee 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 •, resulting from, or in connection with this Agreement • 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, eml-LIWjees, a�_�=._IjLscresentativgs,. insurers mepsWn ffl 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 indemnificatio-c. 5.2 lhdu�WAI 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. CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF CITY FALL 44! 33325 8th Avenue South Federal Way, WA 98003-5325 Federal Way (253) 835-7000 w cityoffedera(way. corn -rr#TC=Coj.111erpans, each otwnich shall be deemed anonginal and w "L. the same effect as if all Parties hereto had signedthe same document. together and shall constitute one instrument, but in making proof hereof it shall only be necessary to producri 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 a1 a complete 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 belolbl. "ll DATE: By: Printed Name-,,� 'l � Title: DATE: L1 CARES ACT BUSINESS GRANT 7/25/2020 eServices Services Business Lookup SMART DRIVING SCHOOL License Information: Entity name: BUIENAVISTA, RUBY ABLIAN Business name: SMART DRIVING SCHOOL Entity type: Sole Proprietor IJIBI #: 603-088-029 Business ID: 001 Location ID: 0003 Location: Active Location address: 33100 PACIFIC HWY S STE 11 FEDERAL WAY WA 98003-6445 Mailing address: 33100 PACIFIC HWY S STE 11 FEDERAL WAY WA 98003-6445 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 16 -104452 -00 -BL Governing People May include governing people not registered with Secretary ol'State Governing people Title BUENAVISTA, RUBY ABUAN Registered Trade Names Registered trade names SMART DRIVING SCHOOL Status Active Status Expiration dat�. Active Jul -31-2020 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:49:09 PM First issuanCE Sep -16-2016 First issued Feb -18-2011 https://secure.dor.wa.gov/gteunauth/—,/#400 1/1