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AG 20-278 - HenderworksMRWI-affiblanguUMNEWSM EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT '�' r # . 1# a s s�►� ❑ 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 DOC I NTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ IN OCAL PROJECT N E: CARES ACT GRANT — ROUND 1 NAME OF CONTRACTOR: HENDERWORKS, INC. ADDRESS: 135 S 300TH PL, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 229-3691 E-MAIL: EFFENUS.HENDERSON HENDERWO S.COM SIGNAT NAME: HENDERSON HENDERSON TITLE: SEEATTACHED TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT— COMPLETION DATE: 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, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED i YES X NO ■ CONTRACTOR RETAINAGE: r i i• *,;. ■r PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Clads`# 267662-25060 0e DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/DATE PROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IF APPLICABLE) _. ❑ LAW L COUNCIL VA (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL ]'TATE: SCHEDULED COUNCIL DATE: COUNCILAPPROVAL DATE: 2. CONTRACT I NAT IT N ❑ SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE C'D: ❑ 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 DEPARTMENT SIGNED BY LAW 07-28-20 SIGNAT® Y (MAYOR OR DIRECTOR) O' CITY CLE 1= ) r .� V1 1 1 ASSIGNED AG# G# T 1/2020 &6� co" 09 vp Fbdera I My CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwWyoffederalwaycarry CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH HENDERWORKS, INC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Henderworks, Inc., a Washington corporation ("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: 1 120 1310 11 of RTNUAI Effenus Henderson 135 S 300TH PL FEDEBSJ��_L6�k� (253) 229-3691 (telephone) i1iry—suaiiii!� 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 pandernic 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): E] Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses [W Experienced 10-50% lost revenue Ej Experienced over 50% lost revenue VNINW, �, �01_ �V_ CITY OF C17Y HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 4 cityoffederalway corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. C�lf'.7,i�Y II��41 i�M 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/1 00 Dollars ($ 1,000.00). 4.2 Non -A ri e or pa — ppropriation of Funds. If sufficient funds are not approp ated or allocat d f yment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. I 5.1 Grantee Inddifinifitation. 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 bodily injury to persons or damages to property caused by or resulting from the concurrent negli ence of the Grantee and the Citge the Grantee's liabilitgi 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 indemnification 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. VIN 1Xf 1411C TJQJN QNW CITY OF CITY HALL 33325 Sth Avenue South Federal Way A/A 98003-6325 Federal Way (253) 835-7000 www cityoffederalway corm 5.3 C1tv 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 ten-nination. LNVA 6.1 Jntqwr�t4on an&Mbdification. This Aueement 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 • written, shall be effective • any purpose. Any provision • 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 • this Agreement, including this r��rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Par -ties. 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 th�� 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 bl� 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 fall force and effect. Failure or delay • the City to declare any breach • 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 • 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 ;urisdiction over such a suit then suitl=,,, be filed in any other aW,.,royriate court in King Count!* 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 CITY F � 6 d e CITY HALL 33325 8th Avenue South Federal Vijay. WA 98003-6325 (253) 835-7000 wc.ityor% eralwaycom Agreement -_ a be executed any numberof i i. each of . 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 togetherand shall constituteone instrument, but proof . .if it shall only be necessary to producti one i - 1a signature and acknowledgment pages fromcounterparts r be assembled togetheri form asingle instrument comprised of all pages of Agreement i a complete set of all signature • i acknowledgment pages. The date uponthe last of all of Parties have executed s counterpart of Agreement a be the "date of execution" hereof. PartiesIN WITNESS, the executeAgreement below, effective the lastdate writtenbelow. Jim Ferrell, Mayer ATE: Y �pti Printed ame:_���F Title: kC) DATE: �� k CITY OF A e Fbd ral Way Center6d on Opportunity MERM 135 LEffenus Henderson Henclerworks Inc S300th PL MAYOR'S OFFICE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2400 www. cityaffederalwaycom Jim Ferrell, Mayor Congratulations! Your application for the City of Federal Way's Small Business Assistance Grant (2-V/19) has been approved for $1000.00. Enclosed is a grant contract for your review and signature. Upon signature please place in enclosed addressed envelope and return with postage to the City for processing. Upon receipt, the City will process a check to your business. Should you have any questions, contact the City of Federal Way's Small Business Assistance Grant hotline at 253-835-2414. We are committed to helping businesses like yours! Should you have any questions on business issues or on the economy, please contact our Director of Economic Development, Tim Johnson at 253-835- 2412. !!111111 rill Best Wishes! 0'/'/Jim Ferrell Mayor Services Business Lookup HENDERWORKS, INC License Information: New search Back to results Entity name: HENDERWORKS, INCORPORATED Business name: HENDERWORKS, INC Entity type: Profit Corporation UI #: 602-010-093 Business ID: 001 Location ID: 0002 Location: Active Location address: 135 S 300TH PLACE FEDERAL WAY WA 98003 Mailing address: 135 S 300TH PLACE FEDERAL WAY WA 98003 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 Home Occupation 00 -102488 -00 -BL Business Governing People May Include governing people not registered with Secretary of State Governing people Title HENDERSON, EFFENUS HENDERSON, HELEN S HENDERSON, JUSTIN K HENDERSON, KEVIN E HENDERSON,MARCUS Registered Trade Names Registered trade names Status G02E-HR.COM Active GOTOHR.COM Active HENDERWORKS Active HENDERWORKS.COM Active HR2NETCOM Active HR4ME.COM Active HRQUERYCOM Active PEOPLECHAMPS.COM Active Status Expiration date First issuance Active Feb -28-2021 May -03-2000 First issued Feb -02-2000 Feb -02-2000 Oct -07-2019 Feb -02-2000 Feb -02-2000 Feb -02-2000 Feb -02-2000 Feb -02-2000 https://secure.dor.wa.gov/gteunauth/­/#244 1/2