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AG 20-864 - Alpha II Adult Family HomeRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV.' ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIMJOHNSON - EXT: 2412 3.DATEREQ.BY ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 1:1 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 El GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES / CDG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE I-] RESOLUTION El CONTRACT AMENDMENT (AG#)--- DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORTGRANT AGREEMENT 5. PROJECT NAME: — CARES ACT GRANT — ROUND 2 6. NAME OF CONTRACTOR: ALPHA 11 ADULT FAMILY HOME ADDRESS: 30026 13111 AVE S, FEDERAL WAY, WA 98003 T ELEPHONE: (206) 271-6252 E-MAIL: JOSEPBKARANJAK@MSN.COM SIGNATURE NAME: FRANCISCA W. KARANJA TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EX ITS 1:1 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO1100q-211-0�0"o (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, S - PAID BY'D CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED Ei PURCHASING: PLEASE CHARGE TO: 00 1-1800-990-518-10-490 Prniprt "rjpk "- -7 -62-2-5060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 1:1 PROJECT MANAGER 15�ECTOR t�>- 13 V 7 A) ; �2c 0 RISKMANAGEMENT (IF APPLICABLE) I- VIC El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMNUTTEE DATE: CoNmTTEE APPRovAL DATE: SCHEDULED COUNCIL DATE: CoTiNciL APPRovAL DATE: 0 SENT TO CONT CTO DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXH113ITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED • LAW DEPARTMENT q,*ONATO RY (MAYOR OR DIRECTOR) 1:1 CITY CLERK A 11 ASSIGNED AG# AG# S ff. COMMENT& Ir on �k'l CITY OF h 31.1, Federal Way 10;ttt- U, �rW; S—A—C WITH 4,LP CITY ALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcivA,iffederalwaycorn This Grant Agreement ("Agreement') is made between the City of Federal Way, a Washington municipal corporation ("Cityand Alpha 11 Adult Family Home, 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 notic4 required under this Agreement: FRANCISCA KARANJA 30026 13th Ave S, Federal Way, WA 98003-4130 Mailing address: 2622 S 296h III, FEDERAL WAY, WA 98003-3787 Ade Ariwoola 33325 8th Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) . . . . . . . . . . Mik"MA 1. TERM. This agreement contemplates a one-time grant of fimds to the Grantee under the condition.,, described herein. 2. CONDITIONS OF GRANT 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 govermnent fees due up to the date of execution of this to ee t; 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 (ch�eck- all �that �a:)] Was required by state or local order to close Was forced to lay off employees due to reduced patronage fN Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue & Experienced over 50% lost revenue 14F. -MM �,, NUMBIRMIN F-D-lowl Grantee agrees to retain receipts docurnenting 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. not to exceed Two Thousand and NO/ 100 Dollars ($2,000. 00). 4.2 Non-ApproRriation 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. in 11 No la I al ff,3LLIM, 5.1 tee 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 sub ect 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 indemnifijalht—Cilp, its elected officials, officers_em osop=E... ..yxesentatives_ insurers, affornm 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 acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT CITY OF CITY HALL 33325 8th Avenue South Federal Way FederW Way, WA 98003-6325 ;o°;;(253) 835-7000 mmatyoffederahirayrorn 5.3 0!y ludownifitatiop. 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. MIMML#��-,Vgmt mmil 6.1 ljkMt&1k anA 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 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 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 Citq- 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 W�tr--tmw *ff 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. �116, �-, I �-,M r� WD M# CITY 01-0 CITY HALL 33325 8th Avenue South 4, Federal Way, WA 98003-6325 hhwtt Federal Way (253� 825-7000 iv COM 6.3 Execution. Each individual executing this Agreement on behalf of ther City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This yn: i o --Tr-xkTKVL- the same effect as if all Parties hereto had signed the same'iii ument. 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 counterpart& may be assembled together to form a single instrument comprised of all pages of this Agreement and a OMP c lete 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 execution7 hereof. PIM V DATE: 11 r-UAIM=Illllllllllllll�illilli�ilI 111,111111,1111111111pi 1111 MEE= By: Printed Name: EOL \C,k SC -6 'WIC P-1 Title: AIA-14 (A G FR RQVi DEP, DATE:-A2Lo7 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to resuks Entity name: KARANJA, FRANCISCA W Business name. ALPHA II ADULT FAMILY HOME Entity type- Sole Proprietor UBI # 602-036-765 Business ID: 002 Location ID: 0003 Location: Active Location address: 3002613TH AVE 5 FEDERAL WAY WA 98003-4130 Mailing address: 2622 S 296TH PL FEDERAL WAY WA 98003-3787 Excise tax and reseller permit status. Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Federal Way General Business 09 -103437 -00 -SL Active Sep -30-2021 Sep -18-2009 Governing People Governing people Title KARANJA, FRANCISCA W KURIA, JOSEPH KARANJA Registered Trade Names Registered trade names Status First issued ALPHA 2 ADULT FAMILY HOME Active Aug -05-2020 ALPHA 3 ADULT FAMILY HOME Active Aug -18-2015 ALPHA 11 ADULT FAMILY HOME Active Sep -17-2014 View Additional Locations The Business Lookup information is updated nightly. Search date and time. 10/13/2020 3:55:34 PM Contact us 01