AG 20-750 - Madison's DaycareCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM_
1. ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412
1 DATE REQBY.' ASAP—, -
4. TYPE OF DOCUMENT (CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, RFQ)
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
11 PROFESSIONAL SERVICE AGREEMENT 1:1 MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG
0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE 0 RESOLUTION
* CONTRACTA NT (AG#): 11 INTERLOCAL
* OTHER CARES ACT FUNDS BUS INESS SUPPORT GRANT AGREEMENT
5. PROJECT NAME: CARES ACT GRANT - ROUND 2
6. NAME OF CONTRACTOR: MADISON'S DAYCARE
ADDRESS: 1510 SW DASH POINT RD, FEDERAL WAY WA 98023-4525 T ELEPHONE: (206) 742-9511
E-MAIL: BERTHAKOLBO@GMAIL.COM
SIGNATURE NAME: BERTHA KOLBO TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: Ll SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: — SEE ATTACHED AqggolEN1 COMPLETION DATE:
9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 ($1,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $_
IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND
PROVIDED
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Pro `ect Code #267662-25060
10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL/ PAFE APPRQVF
0 P OJECT MANAGER
=1 CTO R
11 RISK MANAGEMENT (IFAPPLICABLE)
0 LAW
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D-.
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
0 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
El LAW DEPARTMENT
Ik �'NATORY (MAYOR OR DIRECTOR)
0 CITY CLERK
11 ASSIGNED AG# AGS m
COMMENTS:
� I /'
1/2020
CITY Of
Federal Way
WITH
MADISON'S DAYCARE
CffY HALL
33325 Sth Avenue South
FederW Way, WA 98003-45325
(253) 835-7000
www cityOffederalway. 00117
This Grant Agreement ("Agreemerif') is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Madison's Daycare, 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:
MADISON'S DAYCARE: CITY OF FEDERAL WAY:
BERTHA KOLBO Ade Ariwoola
1510 SW Dash Point RD 33325 8th Ave. S.
Federal Way, WA 98023-4525 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(206) 742-9511 (telephone) (253) 835-2509 (facsimile)
berthakolbo(&,Smail.com ade.ariwopla(a-
)citye�ffejal ay.cpm
The Parties agree as follows:
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
�i 1 iJxwxlijl
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'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):
E] Was required by state or local or to close
Ej Was forced to lay off employees due to reduced patronage
E] Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
2.2 Use of Funds: Granteeaffirmstat grant funds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
,.;&CITY OF
Federal Way
c) Insurance
-i) Utilities
c) Marketing
f) Payroll
CITY HALL
33325 Sth Avenue SOLIth
Federal Way, WA 98003-6,325
(253) 835-7000
Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
Kee _1114104
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID-19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00).
4.2 Non-Appro riation 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 07anwe hidgmilication. 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 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 solell,, f
or the �zurtoses of this indemnification, Grant
oatw" 1"ANVJj, -6-rMn �WL
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.
CITU OF
A"
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wmv. d1yoffederalway. com
5.3 �L_ . 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 Drovisions 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 Inten,ilretation Modificad
rg!A��_ ton. 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.
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 dclaosited in the United States maiIpm1age_vxev,.aaid_ to the address set kq
so pQsW in the United States mail shall be deemedz received three (1) days after the date of mailing. Any
reinedits provided for under the terms of this are not iAtchdbd 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
I ela f �e Citv t* ieclare_",% V *T default J-gwediatel-,%; ggall, -ii ios,�rjixi
UZ5111111;L1111. 11 Wiff MLV SULLIC ally WNPULU, U1
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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 furisdiction over such a suit, then suit msjj_,N be filed in anVA othgLat �tjcriatc 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
recoveri or award irovided bi, law; irovided, however, nothinj in this c)aragranY sMl be consuaed t* li-wit flc-e-
it
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
�M �,, �M f �915�e
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6,325
(253) 8358�7000
coo
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and wi
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construe
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to pro
one such counterpart. The signature and acknowledgment pages from such counterparts may be assemble
together to form a single instrument comprised of all pages of this Agreement and a complete set of
signature and acknowledgment pages. The date upon which the last of all of the Parties have executed
counterpart of this Agreement shall be the "date of mutual execution" hereof. I
11!11�
F1 21 K "M Uff M M
By:
Printed Name:
Title:
DATE:
Services Business Lookup MADISON'S DAYCARE
License Information:
Entity name:
KOLBO, BERTHA ALICIA
Business name:
MADISON'S DAYCARE
Entity type:
Sole Proprietor
UI #:
604-490-817
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
1510 SW DASH POINT RD
FEDERAL WAY WA 98023-4525
Mailing address:
1510 SW DASH POINT RD
FEDERAL WAY WA 98023-4525
Excise tax and reseller
permit status: Click here
Endorsements
Endorsements held at this location License # Count
Federal Way Home Occupation
19 -104025 -00 -BL
Business
Is=
Governing People May include governing people not registered with Secretary of State
Governing people Title
KOLBO, BERTHA ALICIA
Registered trade names
MADISON'S DAYCARE
Status
Active
New search Back to results
StatusExn
—, iraflon date First issuanCE
Active Aug -31-2021 Aug21-2019
M 11111 1111 0 1 f•. ^'• #1!1 1111 :111!j- 111!1!1 ! UMENUM
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