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HomeMy WebLinkAboutAG 20-587 - Action CityMMIRM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: _IU,4 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 El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CG 1:1 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) D ORDINANCE 0 RESOLUTION El CONTRACTA NT 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT - ROUND 2 NAME OF CONTRACTOR: ACTION CITY LLC ADDRESS: 2016 S 320TH ST # M, FEDERAL WAY WA 98003-5641 T ELEPHONE: (425) 418-1275 E-MAIL: DOUGELMORE173@YAHoo.co SIGNATURE NAME: DOUG ELMORE TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 1:1 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 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 ($1000.00) (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: $ PATF BY: 0 CONTRACTOR 11 CIIT 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Prp jeKt Cgde #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 YROJ ECT MANAGER Q/DIRECTOR o -1 -V D RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: F&EWWWWO El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 GI' Aro (MAYOR OR DIRECTOR) 11 CITY CLERK 0 ASSIGNED AG# ;OE TS: z" 16 1/2020 CITY OF C[TY HALL 33325 Sth Avenue South Federal Way,. WA 98003-6325 Federal Way (253) 835-7000 wmv cityoffederalway. cora CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ACTION CITY LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Action City LLC, 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: ACTION CITY LLC: CITY OF FEDERAL WAY: DOUGLAS ELMORE Ade Ariwoola 2016 S 320th St # M 33325 8th Ave. S. FEDERAL WAY, WA 98003-5641 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (425) 418-1275 (telephone) (253) 835-2509 (facsimile) doMelmore173@yahoo.co ade.ariwoola@,citvoffederalw4y.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions 4escribed herein. I 1 0 Dun 91391 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's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service-, g) Due to COVID- 19, Grantee business (check all that apply): E21"" Was required by state or local order to close Was forced to lay off employees due to reduced patronage W1 Incurred over $1,00 in COVI-19 related expensesD Experienced 10-50% lost, revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes - a) Mortgage or Rent b) Personal Protection Equipment CITV OF: t4deral Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 mm cityoffederalway com Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-AppWriation 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 gran . 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, • representatives, arising from, resulting from, • in connection with this Agreement • 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 • • the • negligence •, 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 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 • •, 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, • 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. 5.3 oly The City agrees to release, indemnify, defend and hold the Grantee, its CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway core 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 Agreement with respect to any event occurring prior to such expiration or termination. 6.1 hiteroretation aqd�__Wdificqtion. 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. 6.3 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 the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construe,,i lim CARES ACT BUSH*SS GRANT AGREEMENT -4- 7/2020 Pa, rt e t i to f -v U e servic"am Bu&'ness 1-,"X"1'K,uP 'A" C 'Fi 0 N CI TY L C License Information: Entity name: ACTION CITY LLC Business name: ACTION CITY LLC Entity type: Limited Liability Company UBI #: 604-289-169 Business ID: 001 Location ID: 0001 Location: Active Location address: 2016 S 320TH ST STE M FEDERAL WAY WA 98003-5641 Mailing address: 2016 S 320TH ST STE M FEDERAL WAY WA 98003-5641 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endors ements Endorsements held at this location License # Count Details Federal Way General Business Governing People ay include governing people not registered with Secretary of State Governing people Title EL, DOUG ELMORE, TAMMIE Registered trade names ACTION CITY COMICS 0 N New search Back to results https://secure.dor.wa.gov/gteunauth/—/#22 1/1