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AG 20-163 - Brady Nelson InsuranceCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: _I— EXT: --12412--- 3. DATE REQBY-___ASAP __,_M 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 El PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT E] GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#):_ OINTERLOCAL * OTHER -CARES CT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT - ROUND I NAME OF CONTRACTOR: BRADY NELSON INSURANCE AGENCY INC ADDRESS: 33434 8TH AVE S, #105, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 961-8250 E-MAIL: BRADY@BRADYNELSONAGENCY.COM SIGNATURE NAME: NELSON NELSON TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 (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 El YES X NO IF YES, $__, PAID BY. El CONTRACTOR 0 CITY RETNINAGE: RETAINAGE AMOUNT: .-0 RETAINAGE AGREEMENT SEECONTRACT) OR ORETAINAGE BOND PROVID-; El PURCHASING: PLEASE CHARGE TO: ,001-1800990-518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER El DIRECTOR [I RISIC MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCBEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULER COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:- 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 7, LAW DEPARTMENT SIGNEQBLAW I) -28-20 SIGNATORY (MAYOR OR DIRECTOR) 21%,liv CITY CLERIC A& ASSIGNED AG# 'OMMENTS: -- -------- ------- 1/2020 CITY OF F6deral VOY CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcityoffederafwaycom CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH B'?4DY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Brady Nelson Insurance Agency Inc, a Washington corporation ("Grantee"). The City z - notice required under this Agreement: Brady Nelson 33434 8TH AVE FEDERAL WAY, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (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. CONDITIONS OF GRANT 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 is not the recipient of other state or federal funding made available as a response to the COVID- 19 de is e) 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- 19, Grantee business (check all that apply): Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Ej Experienced over 50% lost revenue CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalolay corm a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amoun) not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00). 4.2 Non -A, , 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 agreement. 5. INDEMNIFICATION. 5.1 Grantee Indenimfication. 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 gation 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, 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 indemnifi cation 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. CITY HALL 33.325 8th Avenue South Federal Way VVA 98003-6325 (253) 835-7000 4IAVVV,CltYOffetlef�3l-li�YCO?73 5.3 Cily hidoffinificatibrt. The City agrees to release, indemnify, defend and hold the Grantee, its 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 and Mod&g�. 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 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 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delap of the CitW to declare angi breach or default immediatelri ikcon 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 an&� fiute,, 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 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 z Fdde I M. A CITY HALL 33325 8th Avenue South Federal Way, 1+1t'A 38003-6325 (253) 835-7000 4v cityoffedefalway com Agreement may be executed any numberof f _ f.rts, each of . be deemed , original an• with the same effect as if all Parties - - i had signed the same document. All i ` itrts shall be construed together and shall constituteone instrument,but . g proof hereof it shallonly be necessary to produce one i it signature and acknowledgment pages • counterparts . be assembled together isingle instrument comprisedof all pagesof this Agreement . i a complete set of signature, • acknowledgment pages.i.l' upon which the lastof of Partiesexecuted counterpart of this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayr X DATE:J7— a BRADY NELSO ` NS NCE GECINC: Y Printed Nam e:' Title: �� Apv 7- ATE: 7/24/2020 eServices Services Business Lookup BRADY NELSON INSURANCE AGENCY INC License Information: Entity name. BRADY NELSON INSURANCE AGENCY, INC. Business name: BRADY NELSON INSURANCE AGENCY INC Entity type: Profit Corporation IJBI M 602-246-750 Business ID: 001 Location ID: 0002 Location: Active Location address: 33434 8TH AVE S ST E 105 FEDERAL WAY WA 98003-2612 Mailing address: 33434 8TH AVE S ST E 105 FEDERAL WAY WA 98003-2612 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 00 -104211 -00 -BL Governing People May include governing people not registered with Secretary of state Governing people Title NELSON, BRADY JON NELSON, KRISTIN E New search Back to results Status Expiration date First issuance Active Nov -30-2020 Oct -18-2000 Registered Trade Names Registered trade names Status First issued BRADY NELSON INSURANCE Active Nov -06-2002 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:39:38 PM https:Hsecure.dor.wa.gov/gteunauth/­,/#193 ill