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HomeMy WebLinkAboutAG 20-558 - Cheryl CarterCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. IV.- ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TPA 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 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG#): DINTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: CHERYL CARTER, LLC ADDRESS: 402S333RDST, FEDERALWAY, WA 98023 TELEPHONE: (253) 569-0295 E-MAIL: CHERYL@THRfVECOUNSELrNGFEDERALWAY.COM SIGNATURE NAME: CHERYL CARTER TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIRENIENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I TEAM: COMMENCEMENT DATE: SEEATrACHEDAGREEMENT —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 - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, PAID BY. 1:1 CONTRACTOR El CITY RETAINAGE: RETAINAGEAmoUNT: _____E1 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAfNAGE BOND PROVIDE 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518 0. DOCUMENT/CONTRACT REVIEW �O PROJECT MANAGER OR Eli (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED SCHEDULED Commn-IEE DATE: SCHEDULED COUNCIL DATE: INITIAL/ DATE APPROVED El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: Ei 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 0 LA"EPARTMENT ��OT ',VIEWED C 3NA P,* UNATORY (MAYOR OR DIRECTOR) 11 CITY CLERK mm 0 ASSIGNED AG# AG# Qry OF ILI TY 3332_5 SCLu, Fed'era! VVev V',jAA (2 5; 3 t 835- 7 0 0 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH CHERYL CARTER, LLC This Grant Agreement (-Agreernent") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cheryl Carter, Lf.C, a limited liability company ("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: Cheryl Carter 402S333 rd St Federal Way, WIL I of 13 01 MR Ade Ariwoola 33325 8th Ave. S. 98003 Federal Way, WA 98003-6325 (253) 569-0295 (telephone) cher)jl� ,thrivecounselinufeder• M (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 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, is 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 tote date of execution of this grant agreement d) Grantee is not the recipient of other state or federal funding made available as a response tote COVID- 19 ane is c) 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-1 , Grantee business (check all that apply). - E] Was required by state or local order to close Ej Was forced to lay off employees due to reduced patronage Incurred over $1 , 0 in COVID- 19 related expenses Experienced 10- ,00/, lost revenue E] Experienced over 50% lost revenue 2.2 Use of fimdsk. Grantee affirms that grant funds will be used for the following purposes: CITY OF U �de 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes-, a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities c) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GR,NTAMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 �vandemic, the Ci shall ccrovide a;, -ant to the Gr-=W*xwwxfffW- not to exceed One Thousand and NO/100 Dollars ($ 1,000.00). 4.2 Non-, , )ropriation 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 ag,reement. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, Uu- 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, agen�s, 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 It is specifically and expressly understood that the Grant waives any immunity that may be granted to it under the Washington State industrial insurance act, Title RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any w by any limitation on the amount of damages, compensation or benefits payable to or by any third party und I workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties furthl 7� - ?,! (3 � 7" 003 32-5 5.3 Cify tilde nA Reation. The City agrees to release, indemnify, defend and hold the Grantee, i i officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedin judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cos and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exte 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. XNEV zg��� terpretation and' MWJ&ation. 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 representatives of the Parties. 6.2 Djfb t�� 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 ternis 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 full 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 dis lite diff, A RUMMOMIt ODOR fly 6.3 ExecuflOn. Each individual executing this Agreement on behalf of the City and Grantee CARES ACT BUSINESS GRANT AGREEMENT -3- L L L 3 31 3 2 5 Sth, Av e r, u e S o u 1-1h )3 VVA 9800 -52,25 '10C 1'effeSen(,S and Warl-RutS t1lat SUCII IndiVidUal is dUIy authorized to execute and deliver this Agreement. This Agreement may be eXCCUted in any nurnber of counterparts, each of which shall be deemed an original and with the same effect as if all Parties licreto had signed tile sarne document. All such counterparts shall be construed touctlier and shall Constitute one '11strurnent, but in making proof hereof it shall only be necessary to produce 011C SUCII counterpart. The signature and acknowledgment pages from such counterparts may be assembled tog,etlier to fbrrn a single instrument comprised of all pages of this Agreement ar)(I a complete set of all signatUre and kick nowl edgrnent pages. The date upon wliicli the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof FN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAS X" it rI Me ayor DATE: CHERYL CARTER, LLC: By: LL(L Printed Narne1-(--'U1L,t&�,, oat"% Title., Ll eyk-5ed ur k a191 9 51 D'M ��a- a—o DATE: 'CARES ACT BUSINESS GRANT AGREEMENT -4- 8/19/2020 eServices M.'s'hihr"gtoni State Depat",irnei-it of , k -i e Services Business Lookup CHERYL CARTER, LLC License Information: New search Back to results Entity name: CHERYL CARTER, LLC Business name: CHERYL CARTER, LLC Entity type: Limited Liability Cornpany UBI #: 604-125-441 Business ID: 001 Location ID: 0001 Location: Active Location address: 402 S 333RD ST FEDERAL WAY WA 98003-6309 Mailing address: 402 S 333RD ST FEDERAL WAY WA 98003-6309 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements hMd at this location IJeense# Count Details Status Expiration date First issuanct� Federal Way GenerM Bumness Pending Aug -31-2021 Governing People May include governing people not registered with Secretary of stare Governma people Title CARTER,CHERYL The Business Lookup information is updated nightly. Search date and time: 8/19/2020 12:17:49 PM Working together to fund Washington's future https://secure.dor.wa.gov/gteunauth/—/#48