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Home My WebLink AboutAG 20-440 - Rich Port DuragsRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTEN1G FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORJGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ BY: ASAP TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) 0 PUBLIC WORKS CONTRACT C3 SMALL OR LEMITED PUBLIC WORKS CONTRACT C] PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG#): El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECTNAME: CARES ACT GRANT - ROUND I NAME OF CONTRACTOR: RICHPORT DURAGS ADDRESS: 1900 SWC PUS DR, #37-203, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 850-4494 E-MAIL: MELISSAMARIEBAILEY25@GMAIL.COM SIGNATURE NAME: BAILEY BAILEY TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: Ej SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 A OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS i TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $___._ PAID BY: El CONTRACTOR 11 CITY RETAINAGE: R-ETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code # 267662-25060. 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER 0 DIRECTOR 11 RISKMANAGE MENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULER CommiTrEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: NEW -0 VWXY-01 0 [INCIR HFRTN�\j 0 SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 LAW DEP ARTMENT SIGNED By L kw 07-28-20 SIGNATORY (MAYOR OR DIRECTOR) hor cyli CITY CLERK S, ASSIGNED AG# 061- 'OMMENTS.- 1/2020 CrrY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederalway corm CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH RICH PORT DURAGS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Rich Port Durags, a sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and it business at the below addresses which shall be valid for any notice required under this Agreement: Melissa Bailey 1900 SW CAMPUS DR, #37-203 FEDERAL WAY, WA 98023 (206) 850-4494 (telephone) Ade Ariwooly 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions ,iescribed 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 pandernic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) 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 0 Incurred over $ 1,000 in COVID- 19 related expenses E] Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes.6 CARES ACT BUSINESS GRANT AGREEMENT - I - CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wwtv cjtyoffedera1wqy coo 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 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 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/I 00 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 Grantee hid6inuifiggton. The Grantee agrees to release indeninify, 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 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. 116.1 �91�012 CITY OF CITY HALL 33325 8th Avenue South 44* Federal Way Federal Way, WA 98003-6325 (253) 835-7000 w1m, cltyoffederahvqv coo 5.3 CjW hideffiriAtAtiob. The City agrees to release, indemnify, defend and hold the Grantee, its 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 6.1 Modifigation. 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 17-0 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 F6deralaz CITY OF CITY MALL 33325 8th Avenue South Federal Way, WA 88003-632.5 (253) 835-7600 u wcityoffederalwaycom Agreement may be executed in any i of =i . each of Y be deemed an original i with a,.. effect a + Parties a a ` I signed ., same document. All such counterparts shall� be ; ' i.. together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produc* 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. IN WITNESS, the Parties CITY OF FEDERAL AY: v Jim Ferrell, Mayor % ATE: 9f:0 -2-0-2--o By: Printed e: U � �t �j Title: ATE: 8/5/2020 W.w New search Back to results Details Status Expiration date First issuance Active Mar -31-2021 Mar -30-2020 Governing People May include governing people not registered with Secretary of State Governing people Title BAILEY, MELISSA Registered Trade Names Registered trade names Status RICH PORT DU GS Active The Business Lookup information is updated nightly. Search date and time: 8/5/2020 3:25:06 PM https:Hsecure.dor.wa.gov/gteunauth/,/#30 1/1 ol Services Lookup WH POr+',T DURAGS License Information: Entity name: BAILEY, MELISSA Business name: RICH PORT DURAGS Entity type: Sole Proprietor UBI #: 604-602-424 Business ID: 001 Location ID: 0001 Location: Active Location address: 157 SW 332ND PL APT 3202 FEDERAL WAY WA 98023-6248 Mailing address: 157 SIN 332ND PL APT 3202 FEDERAL WAY WA 98023-6248 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way Home Occupation Business W.w New search Back to results Details Status Expiration date First issuance Active Mar -31-2021 Mar -30-2020 Governing People May include governing people not registered with Secretary of State Governing people Title BAILEY, MELISSA Registered Trade Names Registered trade names Status RICH PORT DU GS Active The Business Lookup information is updated nightly. Search date and time: 8/5/2020 3:25:06 PM https:Hsecure.dor.wa.gov/gteunauth/,/#30 1/1