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AG 20-875 - El Cuento Early LearningRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPr./DIV: ECONOMIC DEVELOPMENT #RIGINATING STAFF PERSON: _Lu\4 jOHNSON_ EXT: _ 2412 _ 3. DATE-?T�Q.13'1"' ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS) El ORDINANCE D RESOLUTION El CONTRACTA NT (AG#).-_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: —CARES ACT GRANT -CROUND"N NAME OF CONTRACTOR: EL C EARLY LEARNING CENTER, LLC ADDRESS: 2201 SW 356TH ST, FEDERAL WAY, WA 98023 TELEPHONE: (206) 853-8687 E-MAIL: ELCUENTOELC@GMAIL.COM SIGNATURE NAME: ROCIO ALARCON TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El A OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS i TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 (j2,?000M)_ (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 13 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO IF YES,$ PAID BY: 0 CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: _E1 RETAINAGE AGREEMENT (SEE CONTRACT) OR o RETAiNAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Pro' of Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER 0,116FRECTOR El RISKMANAGE MENT (IF APPLICABLE) 0 LAW 1. COUNCEL APPROVAL (IF APPLICABLE) SCHEDULED COMNIITTEE DATE:pppp CONMTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERNOTIFICATION 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 0 LAW DEPARTMENT 'A M�NATORY (MAYOR OR DIRECTOR) y et CLERK El ASSIGNED AG # AG# 'OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and El Cuento Early Learning Center, LLC, a limited liability company ("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: ROCIO ALARCON 2201 SW 356th St Feder.21 Way.311& 9,L,,j NO =_ 092ma- Is am 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 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 government 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); 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 A that _4�1 Was required by state or local order to close 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 CARES ACT BUSINESS GRANT AGREEMENT - I - 7/20AN CITY OF A F;6deral Vyoy CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay 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 desipee 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 due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 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. 'WO 5.1 g_. 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 [�jerformance 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 '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. C1,V,EQ,"X,2TTxUS4 ". S S GRANT AGREEMENT -2- 7/2020 CITY OF P6dera I Voy CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 mvw, cifyoffederalway conn 5.3 Ci � 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 ex�2enses to or bv anv and all i ersons or entities, includini without limitation, their resj2ec ive a i ents i 11CURSUCS, Of rCPrCSU11LdL1 T UN, dl INHIg Iroill, W1U1 URN AL�CUIIXIIL LV L11r, C',LCIIL NVIC1.7 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 1ntgttqgtiog �bhd 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. U 114) 1 a I if 0 NLai I Wim a I 11 by&% -4.1W -J a CARES ACT BUSINESS GRANT AGREEMENT 4 CITY OF Ar** I !A�oy CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www clyoffederah-vay com 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 one such counterpart. 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. W=MIR !III Iffli ',111, 11' !111 IN III I X I I MW TVT M-1 67-4 MOT By: ALI Printed Name:T Y� Title: N 6" C- V, DATE: 1017/2020 Washington State Department of Revenue VVgShington Sta,,e Depa;�'—ent of < Business Lookup License Information: New search Back to results Entity name: EL CUENTO PRESCHOOL LLC Business name: EL CUENTO EARLY LEARNING CENTER Entity type: Limited Liability Company UBI #: 603-118-156 Business ID: 001 Location ID: 0002 Location: Active Location address: 2201 SW 356TH ST FEDERAL WAY WA 98023-3033 Mailing address: 2201 SW 356TH ST FEDERAL WAY WA 98023-3033 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License '# Count Details Status Expiration date First issuance dal Federal Way General Business 19 -101804 -00 -Bl. Active Jun -30-2021 May -13-2019 Governing People May facludgowmingPeople not rghtemd with Sec mWooffrate Governing people Title ALARCON, FERNANDO ALARCON, ROC -IO Registered Trade Names Registered trade names Status First issued EL CUENTO Active Jun -13-2011 EL CUENTO EARLY LEARNING CENTER Active Apr -19-2019 EL CUENTO SPANISH IMMERSION Active Jun -13-2011 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/7/2020 9:23:03 AM https://secure.dor.wa.gov/gteunauth/—,/#ll 1/2