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AG 20-600 - Amazing Care II AFH..... . . . . . . ........ .... RETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ Y. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RF?, RFQ) 11 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMEENDMENT(AG#):_ DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANTAGREEM-ENT PROJECTNAME:— CARES ACT GRANT -(ROUND 2 NAME OF CONTRACTOR: AMAZING CARE II AFH ADDRESS: 32614 8TH CT S, FEDERAL WAY WA 98003-5918 TELEPHONE: (253) 203-8118 E-MAIL: AMAZINGc2017@GMAIL.COM SIGNATURE NAME: E KINYUA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND N01100 OZ,00000) (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: 13 CONTRACTOR El CITY RETAINAGE: RFTAINAGE AMOUNT: —Ei RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND ROVIDED 2 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW F-1 P ,F,OJECT MANAGER U,'DIRECTOR El RISKMANAGEMENT (IFAPPLICABLE) ElL4W. SCHEDULED CommiTTEE DATE: COMNHTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: DATE REC'D„ El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 CREATE ELECTRONIC REMINDERINOTIFICATION 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 N/A L,*G-9ATORY (MAYOR OR DIRECTOR) I] CITY CLERK El ASSIGNED AG # AGW-600 'OMMENTS: 1/2020 ciry OF F�deral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 535-7000 pv cityoffederalway cora CARES ACT FUNDS BUSINESS SUPPORT r WITH s l/ u CARE 11 AFH This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and AmazingCare II AFH, 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: AMAZING CARE I A L _ Y: EMMA A Ade Ariwoola 32614 8th Ct S 33325 8th Ave. S. FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 203-8118 (telephone) (253) 835-2509 (facsimile) azingc2017@?a til.com ade.ariwoola@cityoffederalw4y.com TERM.1. This agreement conte plates a one-time grant of funds to the Grantee under the conditions described herein. 1 1 i following, pre -requisites forgrant a) Grantee operates a business physically located within the political boundaries of the City of _. grantb) 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 agreement; ) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 -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 CVI -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 CVI-19 related expenses Experienced 10-50% lost revenue 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 ) Personal Protection Equipment CITY OF CFTY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 ,,,,Federal Way -7000 7 (253)835 www o1yoffederalway corns 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 is to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount riot to exceed Two Thousand and NO/100 Dollars ($2,000.00). 4.2 Non-Appro or payment priation of Funds. If sufficient funds are not appropriated or allocated f under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee hidemnifi�cgtp . 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 ludu�Waf his nee Act )MaiV& 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. 5.3 Ofy hiddinnifitgfig . The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless & CITY Of 4m�*� Fekdeml 1" CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 www Myoffederalway coo 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 fes, 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 IntarDrelation. and Modification. 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 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 wimim-UM @-,kwid to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive 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. 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 together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce M9 17.1 N I ffid III! III 111111IIIIIIIIIIIIIIIIIIIqll 11111 %1111111111111111, liI�ililill 1111 �llill 11111 1111111111111 CITY OF FEDERAL WAY: 4 Jimp M4 DATE: AMAZING CARE 11 AFH: a.Printed Name:—, tL� r Title: DATE- -kLL CARES ACT BUSINESS GRANT AGREEMENT '10112/2020 \A/ashingion State Dej)aitnient ol Revenue < Business Lookup • • Entity name: KINYUA, EMMA Business name: AMAZING CARE H AFH Entity type: Sole Proprietor UI #.- 603-295-390 Business ID: 001 Location ID: 0002 Location; Active Location address- 32614 8TH CT S Washington State Department of Revenue FEDERAL WAY WA 98003-5918 32614 8TH CT S FEDERAL WAY WA 98003-5918 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License N Count Federal Way General Business 16 -105400 -00 -BL Governing People Myi.cf.dg.—in9p..pi...trgi�teedithS4cmt.,y®fStte Governing people ICNYUA, EMMA PAUL, BERNARD Registered Trade Names Registered trade names Status AMAZING CARE H AFH Active Details Status Active mm New search Back to results Expiration date First issuance dot Apr -30-2021 Nov -16-2016 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/12/2020 4:35:28 PM First issued Mar -23-2017 Contact us https://secure.dor.wa.gov/gteunauth/­,/#20 112