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HomeMy WebLinkAboutAG 20-602 - Amira Family Child CareCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. -ASAP 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 El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/ CDBG 1:1 REAL ESTATE DOCUMENT El SECURITY DOC NT (E.G. BOND RELATED DOCUMENTS) 1:1 ORDINANCE 0 RESOLUTION 0 CONTRACT AM:ENDNffiNT(AG#):El INTERLOCAL X O CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT____ . PROJECT NAME:— "CARES ACT GRANT— ROUND 2 -- NAME OF CONTRACTOR: AMIRA FAMILY CHILD CARE ADDRESS: 2814 S 288TH ST, FEDERAL WAY WA 98003-7907 T ELEPHONE: (206) 859-0547 E-MAIL: NM4CO1909@HOTMAIL.COM SIGNATURE NAME: NIMO NOOR MAALIN TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1000.00) (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 OYES X NO IF Yj RETAINAGE: RETAINAGE AMOUNT: El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Prpject Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER I Z [ILOfRE CTOR RISKMANAGEMENT (IFAPPLICABLE) 0 LAW 1. COUNCIL APPROVA-L (IF APPLICABLE) SCHEDULED CommiTTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: FeNTMETCOME 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 11 LAW DEPARTMENT W4Ki'NATORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG# 'OMMENTS: L A yr d0 -- f "TV of 41S� F;6deral V%kiy CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway. coin CA_X3KS ACT -F11 CITY WITH AMIRA FAMILY CHILD CARE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Amira Family 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: NIMO NOOR MAALIN 2814 S 288th St FEDERAL WAY, WA 98003-7907 (206) 859-0547 (telephone) nimco1909a,hotmail.com Fill 1611911,11 1111 111 111 71 Ade Ariwoola 33325 8th Ave. S. 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. CONDITION'S 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 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 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 E] Experienced 10-50% lost revenue XExperienced 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 b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1- CITY OF CITY HALL 4 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wmv cityoffederalway com 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 21V�OZ11 not to exceed One Thousand and NO/100 Dollars ($1,000.00). 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. 5.1 Granted ItWOMITification. 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. �urisdiction determine that this A i in the Veement is sub� 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. 5.3 C1tV Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its ,A CITY OF Fedem] Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedeTahvay C0177 officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors 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 1merpregiob gpd Modifl�. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in t1fis Agreement and no prior statements or agreements, whether is 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 fall force and R_ff*1%t._Ft)' r delaw of the City to declare any, breach or default immediatehLuvon 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 CARES ACT BUSINESS GRANT AGREEMENT -3- a. ~° » \ w - °, CITY HALL 5 8th Avenue South Federal qay q»98003-6325 (2 )835-7000 www off GAU_y cof, together and ?.§constitute one »instrument,bu in making proof ereof2?.§onlybee®ww< to produce one suchcounterpart. The signature a 4 acknowledgment pages from : counterparts may e assembled i3«§v 4 form single °instrument comprised of all pages of this Agreement and a complete seof 2l signature an acknowledgment pages. The date upon which the 4« of all of the Parties have executed a counterpart «< this « »yementshall bethe "date omutual e«<42"°weof IN WITNESS, the Parties execute this Agreement below, «effective the last Sze - written below. of Rk�,,we,,,-uie ,.',,ervices Business LookRup AWRA IFAWY C.1.UJ) CARE License Information: Entity name: MAALIN, NIMO NOOR Business name: AMIRA FAMILY CHILD CARE Entity type: Sole Proprietor UBI #.- 604-419-846 Business ID: 001 Location ID: 0001 Location: Active Location address: 2814 S 288TH ST FEDERAL WAY WA 98003-7907 Mailing address: 2814 S 288TH ST FEDERAL WAY WA 98003-7907 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way Home Occupation 19 -101910 -00 -BL Business New search Back to results Details Status Expiration date Active Mar -31-2021 Governing People May Include governing people not registered with Secretary ot'state Governing people Title MAALIN, NI MO NOOR Registered Trade Names Registered trade names Status ARA FAMILY CHILD CARE Active