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AG 20-815 - Tawakal Child CareRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY-. AsAP 4. 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 • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG • REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION 13 CONTRACTA NT (AG#): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAIVIE: —CARES ACTGMaA�� -- 6. NAME OF CONTRACTOR: TAWAKAL CHILD CARE ADDRESS: 28005 20TH AVE S, FEDERAL WAY WA 98003-3200 TELEPHONE: (206) 430-8982 E-MAIL: FARHlYO–B3AD@YAHOO.COM SIGNATURENAME: FARI-HYO MAD TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 1:1 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100_($ �,000.00� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAX11\4UM DOLLAR AMOUNT-, $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AmouNT: --E] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED F-1 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiecteodi#267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIALl DATE APPROVED 1:1 PROJECT MANAGER CTO R ze • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (B, APPLICABLE) SCHEDULED COMMITTEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CO CIL DATE: COUNCIL APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO CONT CTO DATE SENT: DATE REC'D:- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXMBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PFJOR 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 EJ LAW DEPARTMENT N/ A 0 p&GNXr0RY (MAYOR OR DIRECTOR) 4�0 13 CITY CLERK q 1:1 ASSIGNED AG # AG# 20- 15 COMMENTS: I This GrantAgreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tawakal Child Care, 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: — . ........ .. .. ....... TAWAKAL CHILD CARE: CITY OF FEDERAL WAY: FARHIYO IB-,Vf 28005 20th Ave S FEDERAL WAY, WA 98003-3200 MIN# E!+ i •,#1 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) L, till I rVIS M e. t I LIN rp. i %I XV -01 1. TERM. This agreement contemplates a one-time grant of Rmds to the Grantee under the conditions described herein. 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 governinent 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); c) 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 order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant fluids will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment 17 "1 Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may cecover all disbursed grant ftmds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment L 3--undeftbis--a lli Y [r7 . . ........ 5.1 te IndobAification. 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 ,gel-'o-gizice of ftis.,Lgreement, excot for that portion of the claims caused bv the CLty's sole neelieence. Should RaDifify Tor ciamages arising ME or Molly MjUry LO PCFSOUS Or UdInUgUS LV,#)_Ft4,WFJ_Y�'iV2k^ 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 tl�ai 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 u,J1,rw*,j'111jj,�.i 'n J ate industrial insurance act Title 51 RCV,,4 i ?v "I W SO1V1:T -lur Ulu p1LrP1*SC;N 0-t Lu -S urmucc S MccamillUdUltil NHULL 11WL:tC 111111LIZIL111 WEly VTUJ Ify-alIT 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 ftirther acknowledge that they have mutually negotiated this waiver. 5.3 eity ludemitif[adfion. The City agrees to release, indemnify, defend and it 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, qwl?� 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 terinination. 21111lzg�� L -j lflecm MMMMMM� 6.1 fhjgrDreWonzn&MbdJfieation. 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, )MQN 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 t- addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice er the date of mail . ng. Any remedic-3- 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 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 Aareenient 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 each Party shall pay all Y costs and attorney's fees and expenses incurred in defending or brmiging 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. MAW CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 5.3 eity ludemitif[adfion. The City agrees to release, indemnify, defend and it 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, qwl?� 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 terinination. 21111lzg�� L -j lflecm MMMMMM� 6.1 fhjgrDreWonzn&MbdJfieation. 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, )MQN 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 t- addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice er the date of mail . ng. Any remedic-3- 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 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 Aareenient 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 each Party shall pay all Y costs and attorney's fees and expenses incurred in defending or brmiging 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. MAW CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www dW, ffi9derahvey. rom 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 upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. I WAIM.11 1% MR SO I* I I a M 147A M By: X, 7 APrinted Name: i— le" Title: 0 DATE: -4- Washington State Department of Revenue < Business Lookup License Information: lie search Sack toresults Entity name: IBAD, FARHIYO Business name: TAWAKAL CHILD CARE Entity type. Sole Proprietor UBI #: 603-213-518 Business ID: 001 Location ID.- 0002 Location: Active Location address: 28005 20TH AVE S FEDERAL WAY WA 98003-3200 Mailing address. 28005 20TH AVE S FEDERAL WAY WA 98003-3200 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 Home Occupation Active Dec -31-2020 Dec -17-2019 Misiness Governing People Governing people Title IBAD, FARHIYO Registered Trade Names Registered trade names Status First issued TAWAKAL CHILD CARE Active Jan -08-2016 The Business Lookup information is updated nightly. Search date and time: 10/14/2020 127:56 PM Comitact us How are we doing? Take our surveyl