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AG 20-129 - An Oasis of PeaceME CITY OF ... . ORIGINATING DEPT./DIV:' ECONOMIC DEVELOPMENT m ORIGINATING PERSON: r a rN ­. EXT: 2412 3. DATE REQ. BY ASAP ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AT (AG#): ❑ INTERLOCAL . PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: AN OASIS OF PEACE AFH LLC ADDRESS: 811 S 309TH ST, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 266-7226 E-MAIL: ANOASISOFPEACEAF@GMAIL.COM SIGHT : JANE KiRuKA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER r EXHIBITS ■ PROOF OF i' TO SIGN ■ REQUIRED ■ PRIORCONTRACT/AlMENDMENTS CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF • AND HOLIDAY REIMBURSABLE EXR ■ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:t. IS SALES TAX OWED ■ KRETAINAGE ' • PAID BY: El CONTRACTOR■ CITY RETAINAGE AGREEMENT (SEE CONTRACT) OR ■ RETAINAGE BOND ■ R R . r. �" II: iii +'#I � #1 ` ♦ - •�- - # rs a1t 11DOCUMENT/CONTRACT . is ■ PROJECT Ej�bIRECTOR ■ RISK MANAGEMENT ■ LAW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ■ i i 1�'. R i i' i DATE C' D; D ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS F-1 CREATE ELECTRONIC REMINDERfNOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel fi7ee to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED LAWL)EPARTMENT 11ATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ASSIGNED AG# 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and An Oasis Of Peace AFH LLC, a limited liability company ("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: Jane Kiruka 811 S 309TH ST FEDERAL WAY, WA 98003 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. 2.1 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 Ci 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 thl 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 0 Incurred over $ 1,000 in COVID- 19 related expenses E] Experienced 10-50% lost revenue Q" 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 CITY OF CITY HALL 4 33325 8th Avenue South A** Fe d e ra I Wa y Federal Way, WA 98003-6325 (253) 835-7000 mm cityoftederalway cora a) Mortgage or Rent \,XPersonal 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 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-A-p-promiation 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 Grantee Cation. 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 r�,erformance 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, attomeys, 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 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 r_1K1X11 CITY OF CITY HALL 4' 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wvvw cityoffederahvqy coin 5.3 City Indemnification. 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 ajents, licensees, or re resentatives, arising from resultini from or connected with this Ap-reement to the extent 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 Intft)�gtdtidn 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. Off-, M10 M RK0 Ho f V" "tot, if" Vrev 1 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 GrantuR represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CITY F CF7Y HALL 33325 Sth Avenue South Federal Way. WA 98003-5325 h,= (253) 835-7000 www cltyoffoderalway corn 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 a single instrument comprised of all pages of this Agreement and a 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. � 1 Y M ATE: ...SIT r ► I, ATE: �- T V- M - VAJashin,citon State Departi-nent of Revenw,��4 Services Business Lookup AN OASIS OF PEACE AFH LLC License Information: New search Back to results Entity name: AN OASIS OF PEACE AFH LLC Business name: AN OASIS OF PEACE AFH LLC Entity type: Limited Liability Company UBI #: 604-385-370 Business ID: 001 Location ID: 0001 Location: Active Location address: 811 S 309TH ST AN OASIS OF PEACE AFH LLC Active FEDERAL WAY WA 98003-4709 Mailing address: 811 S 309TH ST FEDERAL WAY WA 98003-4709 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancE Federal Way Home Occupation Active Mar -31-2021 Apr -08-2020 Business Governing People May include governing people not registered With secretary of state Governing people Title KIRUKA, JANE Registered Trade Names Registered trade names Status First issued AN OASIS OF PEACE AFH LLC Active Jul -09-2019 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:19:28 PM https:llsecure.dor.wa.gov/gteunauth/—,/#78 1/1