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AG 20-465 - Shakela LittleEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING r ONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM 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 El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 1:1 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG#):_ 0 INTERLOCAL X OTHER CARES ACT FUNDS BTJ%1'NjiSS SUPPORT GRANiAGREEMENT PROJECT NAME:— CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: SHAKELALITTLE ADDRESS: 35703 16TH AVE S, #P204, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 326-7603 E-MAIL: SHAKELA.LITTLE@WSU.EDU SIGNATURE NAME: LITTLE LITTLE TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: 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: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $_ PAID BY: 13 CONTRACTOR 0 CITY RETAINAGE: RETAINAGEAmOUNT: —E] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE F-1 PURCHASING: PLEASE CHARGET O: 001-1800-990-518-10-490 m Pxjoect Code #267662-2506p___ 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED WITIAL / DATE APP ROVED 0 PROJECT MANAGER El DIRECTOR E] RISIAM ANAGE MENT (IFAPPLICABLE) 11 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCBEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT:DATE C'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1:1 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 0 LAW DEPARTMENT SIGNED BYLAW Ej SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 2D Z'a 0 ASSIGNED AG# AG 'OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Shakela Little, 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: SHAKELA LITTLE: Shakela Little 35703 16TH AVE S, #P204 FEDERAL WAY, WA 98003 • SIM 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 •. i.• here4. 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 panda 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 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 )K Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT - I - CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn 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 amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). • Non -Appropriation of • If sufficient funds are not appropriated • allocated • payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 GrAht0c Indduhificadon. 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 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 r•• 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 • acceptance of any • Grantee's • 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, soleIVA for the purposes of this indemnification. Grantee's indemnification shall not 1MM . - W49 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 OF vA�� 56deral VOy CITY HALL 33325 8th Avenue South Federal Way,. WA 98003-6325 (253) 835-7000 mwv cityoffederalway corn 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 Modification. This Agreement contains all of the agreements of the Partie!! 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 an4 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 address( set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of tl notice or may be deposited in the UnitedStates mail, postage prepaid, to the address set forth above. Any notic so posted in the United States mail shall be deemed received three (3) days after the date of mailing. An remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall I cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City t insist upon strict performance of any of the covenants and agreements contained in this Agreement, or t exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waivt or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force an effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waiv such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City , right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference C claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b by filing suit under ffic venue, rules and judsdiction of the King County Superior Court, King Count3 W"hfrigtoh� unleg�� the parties agree in wng th an alternative process. If the King County Superior Coul doeg not have jurisdiction over such a sul� their suit maybe filed in ang other 404!*11 Zito co , inKingCoTAMIC ---hi-n— Was gton. Each party consents to the personal jurisdiction of the state and federal tbufts� in Kina Count Washington and waives any objection that such 060f(s are an inconvenient forum. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees a expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed t limit the Parties' rights to indemnification under Section 5 of this Agreement. I 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 CARES ACT BUSINESS GRANT AGREEMENT -3- CITY OF Alt Fbderaj MMY CITY HALL 33325 5th Avenue South Federal Way, WA 98003-5325 (253) 835-7000 w citynffederalway corm 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 making proof hereof it shall only be necessary to produce one such counterpart. 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. IN WITNESS, the Parties 0*0cutd thiSAgrement below� el�ctive the last date written below. CITY OF FEDERAL A: ,�4Jirn Ferrell, ayor l ATE: --Z "522nC) -2— C) CARES ACT BUSINESS GRANT AGREEMENT -4- 7/25/2020 eservices Washington sa! I / Ia n Services Business Lookup SHAKELA LITT LE License Information: New search Back to results Entity name: LITTLE, SHAKELA Business name: SHAKELA LITTLE Entity type: Sole Proprietor I : 604-555-287 Business ID: 001 Location ID: 0001 Location: Active Location address: 35703 16TH AVE S APT P204 FEDERAL WAY WA 98003-7747 Mailing address: 35703 16TH AVE S APT P204 FEDERAL WAY WA 98003-7747 Excise tax and reseller permit status: Glick here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancr Federal Way Horne Occupation Active Feb -28®2021 Apr -08-2020 Business Governing People May include governing people not registered with Secretaryof State Governing people Title LITTLE, SHAKELA The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:40:22 PM https://secure.dor.wa.gov/gteunauth/_/#360 1/1