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AG 20-649 - Divino Amore Healthcare1701 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM *RIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT *RIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY., ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACTA NT (AG): D INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT I PROJECT NAME: CARES ACT GRANT - ROUND 2, NAME OF CONTRACTOR: DIVINO AMORE HEALTHCARE CORP ADDRESS: 17837 1 STAVE S# 180, FEDERAL WAY WA 98023-2139 T ELEPHONE: (206) 354-0158 E-MAIL: THERESAAVILA2013@GMAIL.COM SIGNATURE NAME: TALANOA ELI KA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 1:1 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $,__,, IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: E CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED E] PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 1:1 Code #2,67662-25060 0. 1 10C Nfl"ECE '17CONTRACT REVIEW INITIAL / DATE REVIEWED TIAL _/ DATE APPROVED P Ojr � M�T MANAGER TOP,. ZO --2d El RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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 F-1 LAW DEPARTMENT 14�NATORY (MAYOR OR DIRECTOR) 1-1 CITY CLERK e� E] ASSIGNED AG# AG# um�y . . .. . . . .. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Divino Amore Healthcare Corp, a Washington corporation ("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: R1131.10 us] R51 111 W.1 a VIN WVMXOWITV�� TALANOA ELIKA I Ade Ariwoola 31903 42nd Ave SW, Federal Way, WA 98023 1 33325 86 Mailing address: Federal Way, WA 98003-6325 17837 1STAVe S #18OR (253) 835-2414 (telephone) Normandy Park, WA 98148-1728 (206) 354-0158 (telephone) (253) 835-2509 (facsimile) theresaavila2013r&.amail.coade.ariwoola@cityoffederalway.com rn 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. I 1 0 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 goverm-nent fees due up to the date of execution of this grant agreement; d) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business (check all that apply): 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 EZ 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: a) Mortgage or Rent b) Personal Protection Equipment 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 amounj not to exceed Two Thousand and NO/ 100 Dollars ($2,000. 00). 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 agreement. 5.1 Grantee Ind �g�. 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 ano and all i%ersons or entities including- without limitation- their resf,#ective ag-�s, 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 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 inden-mification 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 un• - i - eorkecompensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 Cifv Lndenirtification. The City agrees to release, indemnify, defend and hold the Grantee, its dITY OF A% F;6deml Vft CITY HALL 33325 8th Avenue South Federal Way. VVA 98003-6325 (253) 835-7000 wvnv civoffederahvqy COM officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harinless 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 higMEggori,�ggd modificatiDn. This Aueement 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. 0 a 01 STEM= wm I I u -Stem I aisle I.E.J &-m a r, R recoTeTj or alfaru oM �oj 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 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 14611 MUMATON atION1 101 "I CITY or AN f;6deral , C; TY HALL 33325 3th Avenue South Federal W y, WA 003-65325 (253) 335-7000 www cityoffed rahveye:OM 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 r which the last of all of _ Parties. • 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. ■ Y k Title, ATE. Services Business Lookup DIVINO AMORE HEALTHCARE CORP License Information: New search Back to results Entity name: DIVINO AMORE HEALTH CARE CORPORATION Business name: DIVINO AMORE HEALTHCARE CORP Entity type: Profit Corporation UBI #: 602-874-275 Business ID: 001 Location ID: 0002 Location: Active Location address: 31903 42ND AVE SW FEDERAL WAY WA 98023-2139 Mailing address: 17837 1ST AVE S # 18OR NORMANDY PARK WA 98148-1728 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 Aug -31-2021 Aug -13-2020 Business Governing People May include governing people not registered with Secretary of State Governing people Title ELIKA, TALANOA Vice President Registered Trade Names Registered trade names Status First issued DIVINO AMORE HEALTHCARE CORP Active Aug -04-2020 DIVINO AMORE HEALTHCARE CORPORATION Active Aug -04-2020 . . . . . . . . . . . . ��M