HomeMy WebLinkAboutAG 20-645 - Prov 31-16 LLCRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV. —ECONOMIC DEVELOPMENT—— -
2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ, BY- AsAP
4. TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFR RFQ)
• PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
* GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG
* REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
El CONTRACTA NT (AG4);__'. DINTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
5. PROJECT NAME: CARES ACTORANT ZE:U�N�_D_'
6. NAME OF CONTRACTOR: PROV. 31:16 LLC
ADDRESS: 2701 SW 345TH CT, FEDERAL WAY WA 98003-5717 T ELEPHONE: (206) 999-5121
E-MAIL: PRAYiNG4KiDs@HoTmAiL.com
SIGNATURENAME- SHARON GENTRY TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT CC) MPLETIONBATE:
9. 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, MAX54U1VL DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES X NO IF YES, $PAID BY: 11 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETATNAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND
PROVIDED
El PURCHASING: PLEASE CHARGE TO: --,,001-1800-990-518-10-490.--Proiect Code 9267662-25060
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED
;0 P' ,SECT AGE
r1RECTOR
• RISK MANAGEMENT (IF APPLICABLE)
• LAW
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMNU=E DATE: C01NMTTEE APPRovAL DATE:
SCBEDULED COCILDATE: CouNciL APPRovAL DATE:
12. CONTRACT SIGNATURE ROUTING
El SENT TO VENDOR/CONTRACTOR ATE SENT, DATE C'D:
0 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 feet free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
11 LAW DEPARTMENT NlA
JJQNATORY (MAYOR OR DIRECTOR)
• CITY CLERK 0Z
• ASSIGNED AG# AG# —.---20-645
CO TS:
This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Prov. 31:16 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:
PROV. 31:16 LLC: CITY OF FEDERAL WAY:
SHARON GENTRY Ade Ariwoola
32020 1 st Ave S 33325 8th Ave. S.
FEDERAL WAY, WA 98023-3060 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(206) 999-5121 (telephone) (253) 835-2509 (facsimile)
praying4kids@hotinail.com ade.ariwoDla,�,ci offeder�alwa .co
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
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 tote to 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 asdefined by the Internal Revenue
Service;
g) Due to COVID-1 , 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: Granteeaffirms that grant firads will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
Grantee agrees to retain receipts documenting use of grant Rinds 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/I 00 Dollars ($1,000.00).
4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymenl
5.1 Utgpitee Inderanifikgon. 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
,terformance of this Agreement- exce-_rA for that -,tortion of the claims caused bw the Cit3"-u_L,;_w-_g&*-mce_Caould
a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, inthe event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from
thc ovon-,mmint ncghptccA&&c flx
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
ijwde.,tv6fic,21io-t.
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,
solelgi for the XMoses of this indemnification. Grantee's indemnification shall not be limited in appi wa5k_h#Lanp
tation 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 ftirther acknowledge
that they have mutually negotiated this waiver.
AFTIVIRM �, 0_ �10_ �111 1. L�1& �IZU'
CITY OF CITY HALL
33325 8th AvenLre South
Federal Way Federal Way, WA 98003-6325
00 ;W-0 (253) 835-7000
mvwdtyoff&derahwty.com
5.3 Q ification. The City agrees to release, indemnify, defend and hold the Grantee, its
, Aly �Jndeni�-n�
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,
ation
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 lntgt&d4&n atid MoMeation. 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,
#t' x d void or i al shall in no w -au- affect or invalidate ang-
fleg -1 other (govision 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
P:veies.
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 exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinwishment of
M7#7v MP "79
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 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 (gocess. If the King CountkySA*LenoLCourA-doe¬hay-c4urisdiction 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.
MM]
CITY OF CITY HALL
33325 8th Avenue South
A'!* Federal Way, WA 98003-6325
Federal Way (253) 8355,7000
www. cityoffe&�rahvay. com
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 anv er of counterrIarts. each of *ch shall be deemed an ori2inal and with the same effec)
I m -w- .110
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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.
CITY OF FEDERAL WAY:
Jim r -,al Mayor
DATE:
FIM-74-ITAMIRMT.A�
Title:
DATE: /C
"I
Washington State Department of Revenue
< Business Lookup
License Information:
Entity name:
PROV. 31:16 LLC
Business name:
CURVES FEDERAL WAY SOUTH
Entity type:
Limited Liability Company
UBI #.1
603-495-415
Business ID:
001
Location ID.
0002
Location:
Active
Location address:
320201 STAVE 5
FEDERAL WAY WA 98003-5717
Mailing address: 2701 SW 345TH CT
FEDERAL WAY WA 98023-3060
Excise tax and reseller permit status:
Secretary of State status:
Endorsements
Endorsements held at this location License # Count
Federal Way General Business 15 -102204 -00 -BL
Governing
Governing people
GENTRY, SHARON
GENTRY, TED
Registered Trade Names
Registered trade names Status
CURVES FEDERAL WAY SOUTH Active
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ME
New search Back to results
Status Exitkation date First issuance date
Active Apr -30-2021 May -'18-2015
First issued
Apr -24-2015
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