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AG 20-869 - AB Adult Family HomeEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM •�JffK,�ENT ---a . ORIGINATING STAFF PERSOM TIMJOHNSON EXT: 2412 3. DATE REQ. BY.—ASAP a j • 1, 1 MIL00,2955 kly.1to Lei 'Z410 91 NJ an I El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) [I ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: AB AI)LJLT FAMILY HOME ADDRESS: 31416 27TH AVE SW, FEDERAL WAY WA 98023-7814 TELEPHONE: (206) 747-89,13 E-MAIL: ABADULTFAMILYHOME@YAHOO.COM SIGNATURE NAME: SHUPING DING TITLE: SEE ACHED FXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 0 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTfFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDD HOLIDA��� REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED DYES X NO IF YES, $_ PAID BY: D CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR E3RETArNAGE BOND PROVIDE Ei PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 2 0 PROJECT MANAGER t —/DIRECTOR eo - t 5- -,2- c) :f _7 _;Z 0--. 2 -- 4 El 2 RISK MANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: CoNsn'ITEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1 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 L . 'DEPARTMENT N/ NATORY (M "OR OR DIRECTOR) [I CITY CLERK 0 ASSIGNED AG# AG# 'O S: 1/2020 CITY -Or ClTY,HAl_1_, 33325 Sth Avenue South Federal Way Federal Way, WA 88003-5325 (253) S35-7000 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH AB ADULT FAMILY HOME This Grant Agreement ("Agreernenf') is made between the City of Federal Way, a Washington municipa corporation ("City"), and AB Adult Family Home, a sole proprietor ("Grantee"). The City and Grantet (together "Parties") are located and do business at the below addresses which'shall be valid for any notict required tinder this Agreement, 1-11 _­.­ 11.11111-- --1------- ­­ 11-1- - _­­__________ AB ADULT FAMILY HOME: EDWARD D. GACHOKA 31416 27'h Ave SW FEDERAL WAY, WA 98023-7814 Erne 211- M Ade Ariwoola 33325 8th Ave. S. federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreernimt contemplates a one-time grant of funds to the Grantee under the condition., described herein. 2. CONDITIONS Of GRANT 11 ftrrantics. 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 Cit) of Federal Way; b) Grantee maintai s 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 thii grant agreement; d) Grantee's business employs no more than the -equivalent of ten (10) full-time employee; (20,800 man-bouTs total for all employees per year), e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee docs not operate as a tax-exempt business as; defined by the Jrternal Revenue Service" 7 Due to CAVI D-19, Grantee business (�hcckja I thn(a)Lfly). ❑ Was required by state or local order to close Was forced to lay off ernployeas due to reduced patronage Inc CTed over 51,000 in COVID-1 9 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue TOURISM GRANT AGREEMENT 312017 CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coo 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment 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 rnay 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 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-Aimroi)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. 113 11010 10 tol Myffrfm 5.1 -Grantee Indernnificatiot. 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 [!erformance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of comyvetent Jurisdiction determine that this Amur=rm. 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 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. TOURISM GRANT AGREEMENT -2- 314 CITY OF F6deral Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm o1yoffederalway com 5.3 City Indemnification. 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 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. I to 'Maaffla�� E MM COY OF CITY HALL 33326 Sth Avenue Sbuth F�dertfl Wa Fed6ral Way. VVA 98003-6325 (253) 835-7000 www.;��O�w colt, 6. 6n, Eacb individu­a*l executing this Agreement on behalf of the, City and Grafitee represents and wdryants that such individual is dul' authorized to execute and d6fiver this Agreement. This y Agreement may be execut6d in any numberi of counterparts,,each of which shall be deemed an original and with the same effect as if all Parties hereto had sigried the sarne 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 one such counterpart. The signatLme and acknowledgment pages from such counterparts may be as5embled together to form a single instrument compr-ised of all pages of this Agreement and a complete set of all sipaiure and acknowledgment pages, The date upon whicli the last of all of the Parties have executed a co�riterpart of this Agreement shall be the "date of mutual execution" hereof CITYOF FEDERAL WAY: Jim ell Mayor tn DAT -E - By: Printed I�arne: -E—: Title: DATE: TOURISM GRANT AGREEMENT -4- 312017 10/13/2020 < Business Lookup License Information: Entity name: GACHOKA, EDWARD D Business name: AB ADULT FAMILY HOME Entity type: Sole Proprietor U #: r 602-241-497 Business ID: 001 Location ID: 0002 Location: Active Washington State Department of Revenue Location address: 31416 27TH AVE SW FEDERAL WAY WA 98023-7814 Mailing address: 31416 27TH AVE SW FEDERAL WAY WA 98023-7814 Uigjrk� •r Endorsements held at this location License # Count Federal Way General Business 16 -100889 -00 -BL Governing PeopleMyinct.dg.-mb,_qpeople not reg' t—dwith S—Wy®fftm Governing people GACHOKA, EDWARD D KUNGA, ELIZABETH Registered Trade Names Registered trade names Status AB ADULT FAMILY HOME Active Details Status Active New search Back to results Expiration date First lssuance dal Oct -31-2020 Apr -18-2017 View Additional Locations The Business Lookup information is updated nightly. Search date and time: l0/13/202010:15:06 AM Con t.ct us https://secure.dor.wa.goV/gteunauth/­,/#24 First issued Sep -08-2020 1/2