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HomeMy WebLinkAboutAG 20-371 - Johnson Marshall LysanderMM' CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPI/DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON__W EXT: 2412'_ 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., R_FB, RFR RFQ) 0 PUBLIC WORKS CONTRACT 1:1 SMALL OR LIMITED PUBLIC WORKS CONTRACT [] PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT E3 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG E] REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#)-_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSTNESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: JOHNSON MARSHALL LYSANDER ADDRESS: 30032 24TH AVE SW, FEDERAL WAY, WA, 0 TELEPHONE: (253) 927-5932 E-MAIL: ARTIST@MARS HALLJOHNSON.COM SIGNATURE NAME: JOHNSON JOHNSON TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 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 0 YES X NOPAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: I 1____b RETAINAGF AGREEMENT (SEE CONTRACT) OR 0 RETAfNAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-.518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW • PROJECT MANAGER • DIRECTOR 11 RISKMANAGE MENT (IF APPLICABLE) El LAW INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTO RITY,INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDERINOTIFICATION 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 DEPARTMENT SIGNED By LAW 07-28-20 • SIGNATORY (MAYOR OR DIRECTOR) '7 El CITY CLERK El ASSIGNED AG# 1/2020 4% CITY OF A Federal Way CITY MALL 33325 Sth Avenue South Federal Way, WA 98003-63 (253) 835-7000 w-wol. cilyoffedera(mkily com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGRE EMENT WITH JOHNSON MARSHALL LYSANDER This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Johnson Marshall Lysander, 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: Marshall Johnson 30032 24TH AVE SW UEDERAL WAY, WA 980A ROGN-11M - =__ r! I a I surgAs I n gg I rig 11 Lai I I I wai I RXIj I I I The Parties agree as follows: Ade Ariwoola 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 described herein. 2. CONDITIONS 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 is not the recipient of other state or federal flanding made available as a response to the COVID- 19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) fall -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-1 9, Grantee business (check all that apply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage 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 funds will be used for the following purposes: CITY OF CITY HALL 33325 8th Avenue South & Federal Way. WA 98003-6325 Federal Way (253) 835-7000 mvw, cilyofterfara"Way cof,'� 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. TERMINATIO . 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. GRANT AMOUNT. 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 -An -oro 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 tomake payments under this agreement. 5.1 Gratitee 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. Should a court of competent juni sdiction 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 -Insur. 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. CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF CITY HALL 4 33325 8th Avenue South Federal Way. VVA 98003-6325 =oh,&, Federal Way �253) 535--'TOCI jil AL�111 4risl jig "Tol T�sum ng Trom or connected. witri LETS Xy M111 solely caused by the neoligent acts, errors, or omissions of the City. 0 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. GENE PROVISIONS. 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 CARES ACT BUSINESS GRANT AGREEMENT -3- ee . -Execution. Each individual e ec tin this Agreement d6 behalf of the City and Grant represents and warrants thatsuch individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed y 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 documenC Alt such counterparts shall be construed together and shall constitute one instrurnent, but in making proof hereof" it shall only be necessary to produce one such counterpart.e signature and acknowledgment pages from such counterparts may be assembled together to forrn 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. 1N WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY F FEDERAL Y® Jim F 11, ayor DATE: JOHNSON MARSHALL LYSANDE : BY'a rinte e. Title® DATE: 7/2512020 eServices Services Business Lookup JOHNSON MARSHALL LYSANDER License Information: Entity name: JOHNSON, MARSHALL LYSANDER Business name: JOHNSON MARSHALL LYSANDER Entity type: Sole Proprietor U #: 179-019-897 Business ID: 001 Location ID: 0001 Location: Active Location address: 30032 24TH AVE SW FEDERAL WAY WA 98023-2313 Mailing address: 30032 24TH AVE SW FEDERAL WAY WA 98023-2313 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation 78 -000022 -00 -BL Business Governing People May Include governing people not registered with Secretary of State Governing people Title JOHNSON, MARSHALL LYSANDER Registered Trade Names Registered trade names Status MARSHALL JOHNSON GRAPHICS Active Status Expiration date Aclive Jul -31-2021 Z https://secure.dor.wa.gov/gteunauth/_/#16 1/1