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HomeMy WebLinkAboutAG 20-746 - Aswan S ThompsonRETURN TO: Thn Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./ IV: —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFR RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG)®=m El INTERLOCAL * OTHER CACT FUNDS BUSINESS SUPPOKI'GRANTAGREEMENT 5. PROJECT NAME: CARESACT GRAN —ROUND2 6. NAME OF CONTRACTOR: ASW ANSTHOmFSON 40" an ADDRESS: 952 SW CAMPUS DR BLDG 26 # 2E, FEDERAL WAY WA 98023 T ELEPHONE: (206) 890-6323 E-MAIL: ASW ANTHOMPSONSR@GMAIL.COM SIGNATURE NAME: ASWAN THOMPSON TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NOII 00 Q�'� (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: . ....... . ..... IS SALES TAX OWED 0 YES X NO IF YES,$ PAID BY: Ei CONTRACTOR o CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 10. DOCUMENT/CONTRACT REVIEW ID PR ECT MANAGER — =�JkECMR • RISK MANAGEMENT (IF APPLICABLE) • LAW I I MODERN I WTV w w INITIA,L / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED CONMTrEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CouNcii, DATE: CouNcm APPRovAL DATE: - El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: El 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 1:1 LAW DEPARTMENT PISWGNATO RY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# COMMENTS: rpm N/A ZZ> 45 AG # 20-746 g &,� (I It 4, V 0 a a a a CARES ACT FUNDS'BUSINESS SUPPORT GRANT AG EMENT WITH, ASWAN S THOMPSON Tbis Grant Agreement ("Agyeetnent") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Aswan S Thompson, a sole proPTietor ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for an. y notice required under this Agreement. ASWAN S THOMPSON: ASWAN THOMPSON 952 SW Campus Dr Bldg 26-2E, Federal Way 980233 Mailing address: 952 SW. CAMPUS DR #2E Bldg. 26 Federal Way, WA 98023 (206) 890-6323 (telephone) The Parties agree as follows, 1�� AY: Ade Ariwoola 33325 81h Ave. S. Feddral Way, WA 98003-6325 (253) 835-2414 (telephone) • (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2.1 Aarrantic. 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 °t the -equivalent of ten (IQ) 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; 1) Cirantee does not operate as a tax-exempt business as defined by the. Internal Revenue Service; g) Due to COVID-1 9, Grantee business (check all that apply): Was required by state or local order to close Was forced to Jay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue E-Sxperienced over 50% lost revenue 2.2 Use of F - unds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection. Equipment CARE, S ACT BUSINESS GRANT AGREEMEN1 7/2020 From:Educare School of Seattle 2067635727 AO c) Insurance ,d) Utilities e) 'Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant flinds and will provide them to the City or its designee upon request. 3. I:ERMINATIO Should any of the conditions described in section 2.1above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. G&kNT AL4Q 4.1 Amount. In order to proinote 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 exceedTwo Thousand and NO11 00 Dollars ($2,000.00). 4.2 of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for -any fiscal Deriod. the Citv will not be obligated to make navments under this agreement. J"I'll I'll, i 5.1 (jg�_Lij�L . Ile 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, Jud nts, gme awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all per -sons 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 ,i QFU-iC Of CO-ItMetent iurisdictim. dete-waii:ce tVat this &._oTeement is subiect toICIIT 4.24.1. IS- the',K. ix I'lle ev&e. ��Wl 07*rl I MR&OROM15 =-IN 7 concurrerii: nugugTilut; ul Lav 07nor, Inu U77 %­1LV, LHU UDRIL s nannirl, nerelfkaacr 1111TO)c 10111Y to IWWLI 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 paragi.-apb. 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 ln.surgnqp����. It is specifically and expressly understood fliat the Grantee nway.ww ruwtutifv grv. 't, WwAr the Washinp-toi itate indu inio wnce it, Title 51 RCW soteiv Tor Tne purpu=i ol. 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. CARE , S 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 mvw d6,offedpralway, com 5.3 Ciiy Indemnification. The City agrees to release, indemnify, defend and if 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, awar amaues. liabilities-, losses- fines-, Be enalties exonses - attornev'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, effors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this I I M IM -1.11 M U M1 6.1 Jhteroretationand Modifigadoh. 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 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 y Posted in the United States mail shall be deemed received three,( 3_), days after the date of mailing -Anr 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 CoTf 6 ljy(e- J—VLfJ, y i _s ji,211 jjt �e joi wgioer ii jeiijoyi1i J 69-A _ _ itruej Ji P iin-*oliwi 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 dLrP;J,* ?x jL" al1awA_rm_-*_r-*cess_ If the Vil un'w Su -t rior Cou-t.. oemutt hav iulisdicti*Tt tl#W I jVA M -MRS 09H ~44-'V1117 YA'Ckq I I . each Party shall pay all its IeRal 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. Fl� �Tll E_11�2_ �6- �i� 4 y 6.3 Execution. Each individual executing this Agreement on behalf of the City and Cirantee represents and warrants that such individual is duty 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,%vith the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrumen�-, but in making proofhereof it shalt only be necessary to produce one such counterpast. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrLunent 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 execution7 hereof 1111�111jp 111=MAMWOM CITY OF FEDERAL. WAY: ASWAN S THOMPSON: Title: I DATE: CARE SACT BUSIN ESS GRANT AG. EEMENT -4- 7/2020 < Business Lookup Entity name: THOMPSON, ASWAN S Business name: LONDON CLEANING SERVICE Entity type: &0e Proprietor LIBI #: 604-571-281 Business is 001 Location ID: 0001 Location: Active Location address: 952 SW CAMPUS DRIVE BLDG 26 APT 2E FEDERAL WAY WA 98023 BLDG 26 FED Excise tax and reseller permit status: Endorsements Endorsements held atthis location License Federal Way Home Occupation Business WMIM. Governing Peoplenay include governing people not rugLstend with Secrewo, ofRffft Governing people THOMPSON, ASWAN S Registered Trade Names Registered trade names LONDON CLEANING SERVICE ■ E#X—m Status Active The Business Lookup information is updated nightly. Search date and time: 10/12/2020 3:10:09 PM Contact us How are we doing? Take our survey! New search Back to results Expiration date First issuance date Jan -31-2021 Feb -03-2020