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AG 20-443 - Ride-AideRETURNTO: TIMJOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPM ENT ORIGINATING STAFF PERSON: TIM JOHNSON----,-- EXT: 2412 3. DATE Q. BY. AS TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E. G., R_FB, RFR RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 1:1 PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG 13 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CON TRACTAMENDMENT(AG#):_ 1:1 INTERLOCAL X OTHER- CARES ACT FUNDS ft SES, S SUPPORT GRANT AGREEMENT PROJECT NAME:_ CARES ACT GRANT -ROUND I NAME OF CONTRACTOR: RIDE-AIDELLC ADDRESS: 952 SW CAMPUS DR, FEDERAL WAY, WA, 98023 TELEPHONE: (405) 600-5593 E-MAIL: DMKAMAu62@GMAIL.COM SIGNATURE NAME: KAMAu KAMAU TITLE: SEEATrACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN E1 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT D. SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,0ft00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED El YES X NO IF YES, $___ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 01 RETAfNIAGE AGREEMENT (SEE CONTRACT) OR El RETAfNAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Raojeq Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER El DIRECTOR El RISKMANAGEMENT (IF APPLICABLE) 0 LAW SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCBEDULED COUNCIL DATE: COUNCIL 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 E] LAW DEPARTMENT SIGNED BY LAW 07-28-20 0 SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK n) vht 0 ASSIGNED AG# Ad" 'OMMENTS: 1/2020 t"y Of 4A�� detal V��y WITH C[TY HALL 33325 Sth Avenue South Fe,,4dvaWV,T,y,-VdA 8480-3-,Q'�' (253) 835-7000 wwwalyorfecteralmlycom This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Ride -Aide LLC, a limited liability company ("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: RIDE -AIDE LLC: CITY OF FEDERAL WAY: David Kamau Ade Ariwoola 952 SW CAMPUS DR 33325 8th Ave. S. FEDERAL WAY, WA 98023 Federal Way, WA 98003-6325 (405) 600-5:593 (telephone) (253) 835-2520 (telephone) dmkamau62@gmail.com (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com The Parties agree as follows; 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. NDITIONS 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) GrantQe'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): Ej 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 E] Experienced 10-50% lost revenue J2 Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes - CARES 3CT BUSINESS GRANT AGREEMENT 4 C#TV'OF CrFY HALL 33325 Sth Avenue South Fe d e ra I Way Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffecteralway C0177 a Mortgage or Rent V Personal Protection Equipment Grantee _a es to retain receipts documenting use of grant funds and will provide the 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. 10 IN - MOWN 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 vandemic. the City, shall 1,rovi �Vt# de ag !It not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00). 4.2 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 The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, i insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, iniuries. damages, liabilities taxes, losses, fines, fees, penalties expenses attorney's fees, costs, a I nd/or J 3 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 juni sdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages ansing 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 4M!pFr .1, and indemnif�,L �ei�- its elected officials, officers_cm-alopees, agen volunteers to the extent and on the same terins 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 L— . 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 urposes of this indemnification. Grantee's indemnification shall not be limited in an wav p y . 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. CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA -98003-6325 Federal Way (253) 835-7000 wWVV.AJrW, r e (,AVayCam 5.3 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, ` damages,si tosses,penalties expenses,a #costs, and/or litigation expenses to or by any and all persons or entities, including without timitation, their respective agents, +.. ..... or e# . . • arisingfrom, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Spnd�gj. 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. GENERALPRQ-VJS10NS. 6.1 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 pro I vision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives •y. of . Parties. 6.2 Edbroemehl. 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 such breach or default. Failure of the Cit to declare one breach or default does not act as a waiver of CARESright 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 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 Coimty, 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 suit mav! be filei 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 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 ACT BUSINESS GRANT AGREEMENT Oty 0# CITY HALL 33325 8th f6dAvenue South eral 1" Federal Way, WA, 98003-6325 (253) 835-7000 www�4���WCO/77 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 ctignature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpartof this Agreement shall be the "date of mutual executiolf 'hereof IN WITNESS, the Parties execute this Agreement below, effective the last date written below. 6rjim Ferrell, Mayor DATE: RIDE -AIDE LLCO, By: -------- 10 Printed Name: Title- 21F ke� DATE: 4m 10 020 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/25/2020 State, of" Riaveniuf,--,� Services Bus'ness Lookup R0E-AIDE LLC eServices License Information: New search Back to results Entity name: RIDE -AIDE LLC; Business name: RIDE -AIDE LLC Entity type: Limited Liability Company UBI #: 604-370-567 Business ID: 001 Location ID: 0001 Location: Active Location address: 952 SW CAMPUS DR APT 20C3 FEDERAL WAY WA 98023-5020 Mailing address: 952 SW CAMPUS DR APT 20C3 FEDERAL WAY WA 98023-5020 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way Home Occupation 19 -103061 -00 -BL Aefive Business Governing People may include governing people not registered with Secretary of State Governing people Title KAMAU, DAVID First issuance Jun -26-2019 hftps://secure.dor.wa.gov/gteunauth/­,/#264 1/1