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AG 20-401 - O'Lisa DesignsJWST-IN SON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM Nook ORIGINATING DEPT./DIV.- ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE AlKw-910 I My -ft to) 1146121 Q VON I I 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ii PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG • REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 11 RESOLUTION El CONTRACT AMENDMENT (AG#):_ 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANTAGREEMENT NAME OFCONTRACTOR: MAMIEO'LISAJOHNSON 011-1 4 90L TO-5:1sris ADDRESS: 952 SWC S DR, #15CI, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 355-8167 E-MAIL: OJENTERPRISES@COMCAST.NET SIGNATURE NAME: JOHNSON JOHNSON TITLE: SEE ACHED TOTAL COMPENSATIOM (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 ($ 1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REMMURSABLE EXPENSE: El YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED 0 YES X NO IF YES, $ --PAID BY. OCONTRACTORE] CITY RETAINAGE: RETAiNAGEAmoUNT: 11 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE N PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project '.ode#267662-25060 0. DOCUMENT/CONTRACT REVIEW LJ PROJECT MANAGER WA)fRECTOR 0 RISKMANAGEMENT (IFAFPLICABLF) 11 LAW INITIALJ DATE REVIEWED 06 INITIAL/ DATE APPROVED SCHEDULED COMMIT -FEE DATE: COMMIT -ME APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD-. El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 El LAW DEPARTMENT IGN NATO RY (MAYOR OR DIRECTOR) 11 CITY CLERK 0 ASSIGNED AG# G 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and O'Lisa J Designs 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: Mamie Johnson 952 SW Campus Dr, #15C1, Federal Way, WA 98023 Mailing Address: 31811 Pacific Hwy S # B204 Federal Way, WA 98003 (206) 355-8167 (telephone) ojenterprises@comcast.net The Parties agree as follows: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 835-2520 (telephone) (253) 835-2509 (facsimile) fit "euuiz .-*Amu 1. TERM. Tisa ee ent 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 pandemic 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 b) 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 Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue city OF Federal Way CITY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 www_ dtyoffederahwv com 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: 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. ARAIINATM. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and ten-ninate 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). 4.2 Lon 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. 5.1 Obntec kidemnfllcklitn. 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 anI indemni the City, its elected officials. officers =,vl� 4&etZ_revresentatives, insurers, attomepp—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 Grante waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 5 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any w by any limitation on the amount of damages, compensation or benefits payable to or by any third party und] CrrY HALL 33325 Sth Avenue South Fede4 Way, WA 98003-6325 (253) 835-7000 workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 The City agrees to release, indemnify, defend and hold the Grantee, i ,h Gran e 1 e officers, dirctors, shareholders, partners, employees, aga ents, representatives, and sub- contrctors harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding s fees co t s judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti aLtentslicenseta-or-roresentatives,arisin,N-'� J, I 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 th Agreement with respect to any event occurring prior to such expiration or termination. i 6.1 Intc L_ :. 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 Ehfbrogigggi. 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 ma�L be deyosited in the United States mai "w" the 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 I effect, Failure or delai of the Cit; to declare anX breach or de�ijlt Twitte iwvp, I �r 11--ey 91W, -411L. r d1luir, ut Ulu kALY LO Zleclare one FEW or ceiaull cioes not act as a waiver ot 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 J oes 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, CITY OF Federal Way CrrY HALL 33325 Sth Avenue South Fede4 Way, WA 98003-6325 (253) 835-7000 workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 The City agrees to release, indemnify, defend and hold the Grantee, i ,h Gran e 1 e officers, dirctors, shareholders, partners, employees, aga ents, representatives, and sub- contrctors harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding s fees co t s judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti aLtentslicenseta-or-roresentatives,arisin,N-'� J, I 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 th Agreement with respect to any event occurring prior to such expiration or termination. i 6.1 Intc L_ :. 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 Ehfbrogigggi. 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 ma�L be deyosited in the United States mai "w" the 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 I effect, Failure or delai of the Cit; to declare anX breach or de�ijlt Twitte iwvp, I �r 11--ey 91W, -411L. r d1luir, ut Ulu kALY LO Zleclare one FEW or ceiaull cioes not act as a waiver ot 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 J oes 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, CITY OF CITY HALL %4449%� 33325 8th Avenue South Federal Way Federal Way, V%JA 98003--6325 (253) 835-7000 www cityoffederalwa1v com 6.3 Ekh individual, executipg this Agreement on behalf of the City and Grantev i�presenm and wa=fs ll� such ir�j�j4al is d4ly authorized to execute and deliver this Agreomont sawt emet as if a PardeS ficreto bad signod ffit game 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 execute this Agreement below, effective the last date written below. Printed Name: 11r Title: IF/ 7 DAT CARES ACT BUSINESS GRANT AGREEMENT -40 7/25/2020 eServices Washington State Dei,,mitment of Revemue Services Business Lookup MAMIE O'LISA JOHNSON License Information: Entity name: JOHNSON, MAMIE O'LISA Business name: MAMIE O'LISA JOHNSON Entity type: Sole Proprietor IJBI #: 601-428-282 Business ID: 001 Location ID: 0001 Location: Active Location address: 952 SW CAMPUS DR APT 15C1 FEDERAL WAY WA 98023-5016 Mailing address: 31811 PACIFIC HIGHWAYS ST E B-204 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation Business Governing People May Inciudegoverning people not registered with Secretary ofState Governing people Title JOHNSON, MAMIE O'LISA Registered Trade Names Registered trade names Status A -2-Z BUSINESS SOLUTIONS Active O'LISA J DESIGNS Active e usiyess Loo6yp-&-fforwatiow https://secure.dor.wa.gov/gteunauth/,I#ll 5 New search Back to results Status Expiration date Active Jul -31-2021 First issuance Jul -21-2020 First issued Mar -23-2009 May -31-2002