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AG 20-847 Wonderland Home Daycare.n EXT: 2412 RETURN « r. ROUTINGCITY OF FEDERAL WAY LAW DEPARTMENT ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING i i. i , TYPE OF DOC (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.., RFB, RFP, ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIN41TED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG#): ❑ INTERLOCAL i rejawd 6. NAME OF CONTRACTOR: WONDERLAND HOME DAYCARE ADDRESS: 30218 29TH AVE S, FEDERAL WAY WA 98003 T ELEPO : (253) 632-4982 E-MAIL: VALC@HOTMAIL.COM SIGNATURE E: VALENCIA CL TON TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE D ALL OTHER REFERENCED EXHIBITS ■ PROOF OF r TO SIGN ■ REQUIRED LICENSES ■PRIOR CONTRACT/AMENDMENTS w. TERM: COMMENCEMENT DATE:ATTACHED AGREEMENT COMPLETIONDATE: ♦ TOTALi « i(INCLUDE r THOUSAND AND NO/100 ff CALCULATED ON r . LABORr • AND HOLIDAY REIMBURSABLE EXPENSE: ■ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, -PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGEAMOUNT: _m ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAfNAGE BOND PROVIDED a PURCHASING: PLEASE CHARGE TO: .001-1800-990-518-10-490 RMjgqtf�k#267662-25060 1 DOCUMENT/CONTRACT = L-1 PR JECT MANAGERARECTOR ■ ` ■ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: DATE C': ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 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/mDATE SIGNED Ej LAW :PANT ENT C'1 N..^�TORY (MAYOR OR DI CTOR) ❑ CITY CLERK6 ❑ ASSIGNED AG# AGV-,—gL: ..mm COMMENTS: CITY OF A* 'S F�djoral Woy WITH WONDERLAND HOME DAYCARE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cjtyoffederahyqv coma This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Wonderland Home Daycare, a partnership ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notic* required under this Agreement: ulyaw.- we a - 120131HIM.111 a a •all lemixempil-MEMIk = Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions i4esc-4bed'ierein. 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 employees 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 a Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. • AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non -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 hidemnification. 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 gation •. 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 concur -rent negligence of the Grantee and the City, the Grantee's liability hereunder shall be 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 indernriification 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. A , F6de I WaA CITY HALL 33325 8th Avenue South Federal Way, VVI, 98003--6325 (253) 835-7000 wilew C(tyoffederahvalv com ; 5.3 City 1 riifiofioh. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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. 6.1 Interofetatida and Modificatibri. 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 ant 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 authorizoil 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 fall force and ar-e-anc ,*R,f the-C-Jjijmt�]-�yw r�h�-or-default-immediateli,._�n occurrence-shalLnotwaive, such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's 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 recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 10/5/2020 Washington State Department of Revenue ( Business Lookup License Information: New search Back to results Entity name. CLAXTON &CLAXTON Business name. WONDERLAND HOME DAYCARE Entity type: Partnership UBI #. 602-463-412 Business ID: 001 Location ID: 0001 Location: Active Location and Mailing address: 30218 29TH AVE S F E D E 8 :M. Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expkafian date FiMn isuiance da: Federal Way Home Occupation Active Jan -31-2021 Jan -27-2020 Business Governing People Governing peope Title CLAXTON, PANSY KOREEN Partners CLAXTON, VALENCIA CHRISTIANA Partners Registered Trade Names Registered trade names Status First issued WONDERLAND HOME DAYCARE Active Jan -14-2005 171TIMPTAP OF HIM— -- INK Contact us How are we doing? Take o, survey! hftps://secure.dor.wa.gov/gteunauth/­,/#1 7 1/1