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HomeMy WebLinkAboutAG 20-588 - Action Landscapen.. _.RETURN TO: Tirn Johnson EXT: 2412CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON:JOHNSON f. i BY. ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG#)_ _ ❑ INTERLOCAL OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E: C ATS F ACT GRANT ROUND 2 NAME OF CONTRACTOR: ACTIONLANDSCAPE ADDRESS: 35812 13TH AVE S, FEDERAL WAY WA 98023-7239 T ELEPHO : ( 253) 255-2419 E-MAIL: SEAN ACTION I@a COMCAST.NET SIGNATURE NAME: SEAN DAYLEY TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ■ SCOPE,r.. SERVICES ■COMPENSATION ■ INSURANCE REQUIREMENTS/CERTIFICATE TERM:OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS • DATE: i i} t TOTALr r SALESONF THOUSAND AND NO/100 1000. 00) CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF i AND HOLIDAY REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGEAMOUNT: —0 TAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT TI / DATE REVIEWED INITIAL / DATE APPROVED r1RECTOR JECT MANAGER ❑ RISK MANAGEMENT(IFAPPLICABLE) F ❑ LAW SCHEDULED COMMITTEE �CHEDULED COUNCIL DATE: APPROVALCOMMITTEE D. COUNCIL • r DATE: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 ❑ LAW EPARTMENT N/ • m aNATORY (MAYOR OR DIRECTOR) a �' El CITY CLERK# ❑ ASSIGNED AG# AG# ;OM S: --------- 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Action Landscape, a sole proprietor ("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 LANDSCAPE: CITY OF FEDERAL WAY: SEAN DAYLEY Ade Ariwoola 35812 13th Ave SW 33325 8th Ave. S. FEDERAL WAY, WA 98023-7239 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 255-2419 (telephone) (253) 835-2509 (facsimile) sean action 1 (d),comcast.netade.ariwogle .,cit.yoffederalway.com 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 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): Was required by state or local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee of that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment ►gigIf NLj**4Wj 1,97 ,rijZfdN�t Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant fimds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00). - I h 3 --11 1 1�1 X17 1 1111, 5.1 The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harinless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fmes, 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 a set IF1 L 'C S 1-r 11SHI-C UIUL CUU-11 SUU-kJf411LCC SHU11 4-111CC L41 f4t 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 • any limitation • the amount of damages, compensation or benefits payable to or by any third •. under workers' • ensation acts disabilitp benefit acts or angi other benefits acts or re-ro ams. The Parties further acknowleda-e YL� that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 Kmw atvoffi?d6iahvay com 5.3 Qty__. 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, aw-m es, liabilities, losses., fines- -fees, (�Ienafties ey—itenses - attomeg'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 Dumn N_U gl� 6.1 IntetptqgohaJ!d ModificIttioti. 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, moner ive, null and void, or illeial shall in no "a affect or invalidate anv othewrovision hereof and such other S VIS SHU11 MHUXI JL1 14A1 14TUC �Wf_ C11CUL. I ;fr IIEWTIS1*11 *i LULS UJIS Provisift'll, May 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 poosted in the United States mail shall be deemed received three (3) days after the date of mailina. An:v 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 b% this cesij -tistmed to Q Yexj _jJ _ _�J gt be co W ou i a mii Wi""a 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 brinVS au -p claim or lawsuit arisin�4, from this Aweement 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. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY OF CITY HALL 33325 8th Avenue SOUth Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www citvcpffederatwey. coin 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents md 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 construed together and shall constitute one instrument, but in makin roof hereof it shall only, be necessM,, to yroduce one such countervart. 9 --VF 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. IM gz> --L u DATE: y--,--, C, Printed Name`et Title: DATE: —1 0 W. -T41-11-11 a My I OLIN I WK110 < Business Lookup Entity name-. DAYLEY, SEAN MICHAEL Business name: ACTION LANDSCAPE Entity type- Sole Proprietor UBI #: 602-226-365 Business ID: 001 Location ID: 0001 Location: Active Location address: 35812 13TH AVE SW FEDERAL WAY WA 98023-7239 Mailing address: 35812 13TH AVE SW FEDERAL WAY WA 98023-7239 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way Home Occupation 12 -101188 -00 -BL Active Business Governing People My Oddg—kw p -pr. -tMW—d Wd, S—My.fStf. Governing people Title DAYLEY, SEAN MICHAEL Registered Trade Names Registered trade names ACTION LANDSCAPE ACTION LANDSCAPE MANAGEMENT Status Active Active E01MI UVA§�,MU3Fr1r#WrMMR I I I . I Contact us How are we doing? 'Take our survey! New search Back to results Expiration date First issuance date Aug -31-2021 Mar -15-2012 First issued Nov -22-2011 Nov -03-2003