HomeMy WebLinkAboutAG 20-419 - Phillip's TutoringCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
I ORIGINATING DEPTVDIV. ECONOMIC DEVELOPMENT
. ORIGINATING STAFF PERSON: _11M JOHNSON — EXT: 2412 3. DATE REQ. BY_ASAP_
TYPE OF DOCUMENT (CHECK ONE):
E] CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ)
11 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
11 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
El CONTRACT AMENDMENT (AG#):_ DINTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANTAG R-EEMENT
PROJECT NAME: CARES ACT GRANT —ROUND I
NAME OF CONTRACTOR: PHILLIP'S TUTORING, INC.
ADDRESS: 354187TH AVE SW, FEDERA-LWAY, WA, 98023 TELEPHONE: (253)335-0388
E-MAIL: PHILLIPCHOE@OUTLOOK.COM
SIGNATURE NAME: CHOE CHOE TITLE: SEE ACHED
EXHIBITS AND ATTACHMENTS: r-1 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE�
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATIACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED DYES X NO IF YES, $_ PAID BY: El CONTRACTOR ED CITY
RETAINAGE: RETAINAGEAmoUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE
0. DOCUMENT/CONTRACT REVIEW
E] PROJECT MANAGER
1:1 DIRECTOR
0 RISKMANAGEMENT (IF APPLICABLE)
11 LAW
1191119111-M .0 um
1. COUNCIL APPROVAL (IF APPLICABLE)
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
0 SENT TO VENDOR/CONTRACTOR
DATE SENT: DATE REC'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
El LAW DEPARTMENT
SIGNED BY LAw07-28-20
El SIGNATORY (MAYOR OR DIRECTOR)
El CITY CLERK
D ASSIGNED AG#
AG#
1/2020
CITY Of
Rdem I My
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mvw cityoffederalwqv coin
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENJ
WITH
PHILLIP'S TUTORING, INC.
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Phillip's Tutoring, Inc., a Washington corporation ("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:
1!1hillip Choe
35418 7TH AVE SW
IL WAY, WA 98023
Ade Ariwoola
33325 8th
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 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):
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
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 Federal Way, WA 98003-6325
(253) 835-7000
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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
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)2andemic, th i 6A v 4V01 -tr*vide q.
ForafWaT450419YA111111MV JE1i1 11
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.
11 BILVA lin I W I
5.1 Grantee 1Wqn1wficknion. 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 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
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.
CITY OF
F dim *" � Wy
CITY HALL
33325 Sth Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
mvw cityoffederalway. coin
5.3 Ofty The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors hanriless
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 luterpretation and M�kliRcatiq � 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
[�rovision, 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
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or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force and
effect. Failure or delay of the City to declare any breach or default immediately upon 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, 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
Lyn 3
CITY
F6dem! Y�oy
I FALL
33325 3th .avenue South
Federal Way, WA 98003-6325
(253) 335-7000
www cityoffederahvay com
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.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
-N-4A
Jim Ferrell, Mayor
ATE:
Title:
ATE: _ —
L: 1. ) 1 Y
7/25/2020
Washi ngton State Department of ReveilLje
Services
Business Lookup PHILLlP'S TLJTORING, INC.
License Information:
Entity name:
PHILLIP'S TUTORING, INC.
Business name:
PHILLIP'S TUTORING, INC.
Entity type:
Profit Corporation
UBI #:
601-891-088
Business ID:
001
Location ID:
0002
Location:
Active
Location address:
35418 7TH AVE SW
FEDERAL WAY WA 98023-8139
Mailing address:
35418 7TH AVE SW
FEDERAL WAY WA 98023-8139
Excise tax and reseller permit status: Click here
Secretary of State
status: Click here
eServices
Endorsements
Endorsements held at this location License # Count Details Status
Federal Way Home Occupation 96 -104707 -00 -BL Active
Business
Governing People may include governing people not registered with Secretary of State
Governing people Title
CHOE, PHILLIP
Registered Trade Names
Expiration date First issuance
Jul -31-2020 Dec -14-1999
Registered trade names Status
PHILLIP'S TUTORING, INC. Active
View Additional Locations
The Business Lookup information is updated nightly. Search date and time: 7/2512020 3:51:49 PM
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