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Home My WebLink AboutAG 20-424 - Positive Vibes in the NorthwestRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM , - , M'w U ORIGINATING STAFF PERSON: TIMJOHNSON EXT: 2412 3. DATE REQ. 4TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 0 RESOLUTION • CONTRACT AMENDMENT (AG#):OINTERLOCAL • OTHER —CARFS ACT FUNDS TPUSINESS SLIPP�T,�GRED'lw 6. NAME OF CONTRACTOR: POSITI'VLV'IBESTNTHE 'NORTH'WEST LL -6/14 ADDRESS: 1911 S COMMONS, rEDERAL WAY, WA, 98003 TELEPHONE: (206) 355-6268 E-MAIL: NwRASTA @HOT MAIL.COM SIGNATURE NAME: LINDA DROGUETT TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 11 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMFNDMENTS 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: 11 YES X NO IF YES, MAXIMUM DOLLAR IS SALES TAX OWED 0 YES X NO IF YES, $_ PAID BY: 0 CONTRACTOR C1 CITY RETAINAGE: RETAiNAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR D RETAINAGE BOND IFIROVIDED Ei PURCHASING: PLEASE CHARGE TO: 001-1800-990 51„8-10-49 #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIALP DATE REVIEWED INITIAL1 DATE APPROVED El P OJECT MANAGER r-) IRECTOR J I /I EI RISKMANAGE MENT (IF APPLicABLE) 0 LAW ------------ 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMIYaTTEE DATE- COM=E APPRovAL DATE: SCHEDULED Co cu. DATF: CouNaL APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO CONT CTO DATE SEN'T.DATERECD; • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL,/ DATE SIGNED • LAPARTNIENT CN -jj� OR DIRECTOR) b ATORY(ki,wc Wzp ',j 0 CITY CLERK 11 ASSIGNED AG# V2020 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www rflyoffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/1 00 Dollars ($ 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 i.:. this agreement. 5.1 Oggtee ffidemnifj�m. 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 [�,erformance 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 cove 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 -solelli for the yuUoses of this indemnification. Grantee's indemnification shall not be limited in = 36W 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 farther acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRAN1 AGREEMENT -2- CITY OF 1% Federal Way CITY HALL 33325 8th Avenue South Federal Way, VVI; 98003--6325 (253) 835-7000 mvw cilyoffederalway com 5.3 U_q ��L_. 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 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. I— ....... ... ............ . . . ...... r '"' 6.1 arid Mbdificatiph. 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 ftdl force and effect. No provision of this Agreement, including this [1,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 in I dei%osited in the United States mailpLtostaj,-e-Lgyyaid, to the address set forth above. Ang 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 &�yti-yn 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 effect. Failure or delWi of the CAFj to declare ank_,A breach or default immediatelp at�on 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 CARES ACT BUSINESS GRANT AGREEMENT - 3 - Services Business Lookup POSITIVE VIBES IN THE NORTHWEST License Information: New search Back to results Entity name: POSITIVE VIBES IN THE NORTHWEST LLC Business name: POSITIVE VIBES IN THE NORTHWEST Entity type: Limited Liability Company UBI #: 604-386-307 Business ID: 001 Location ID: 0001 Location: Active Location address: 1911 S COMMONS FEDERAL WAY WA 98003-6039 Mailing address: 1911 S COMMONS FEDERAL WAY WA 98003-6039 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 Federal Way General Business Active Jan -31-2021 Jan -311-2020 Governing People may include governing people not registered with Secretary of State Governing people Title DROGUETT, LINDA DROGUETT, LINDA ROMANE Governor Registered Trade Names Registered trade names Status First issued POSITIVE VIBES IN THE NORTHWEST Active Jan -23-2019 https://secure.dor.wa.gov/gteunauth/—/#28 ill