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AG 20-459 - Seattle Self DefenseINW1 C► - CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTJDIV: _gCONOmic DEVELOPMENT . ORIGINATING STAFF PERSON: T. JOHNSON1-- EXT: 2412 3. DATE REQ. BY: ASAP El PUBLIC WORKS CONTRACT 1:1 SMALL OR LIN41TED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) EJ ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER CARES ACT RJNDS BUSINESS SUPPORT GRANL.1L(jgrrMr,,,NT PROJECT NAME: CARES AC-TGRANT —ROUND I NAME OF CONTRACTOR: SEATTLE SELF DEFENSE ADDRESS: 33633 9TH AVE S, FEDERAL WAY, WA, 98003 TELEPHONE: (425) 417-0816 E-MAIL: TWODEMILES@COMCAST.NET SIGNATURE NAME: DEMILE EMILE TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATF [D ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 1:1 PRIOR CONTRACT/AlMENDMENTS . TERM: COMMENCEMENT DATE: SEE,4MACHEDAGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,0 - 00.00) (IF CALCULATED ON HOURLY LABOR CHARGE - AT -TACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED DYES X NO IF YES,$ PAID BY'O CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: —,-0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 1:1 RETAINAGE BOND PROVIDE 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW [NITIAL/ DXrE REVIEWED IN [TIAL / DATE APPROVED El PROJECT MANAGER 0 DIRECTOR El RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: E] SENT TO VENDORJCONTRACTOR DATE SENT: DATE REC'D:- 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 CREATE ELECTRONIC REMINDERiNOTIFICATION 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 BY I -AW 07-28-20 )d'SIGNATORY (wkYOR OR DIRECTOR) V CITYCLERK 1��'ASSIGNED AG 4 �A. -T (A f 'OMMENT& 1/2020 This Grant Agreement ("Agreement' ') is made between the City of Federal Way, a Washington municipal corporation ("Cityand Seattle Self Defense, 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: Kenneth DeMile 33633 9TH AVE S, FEDERAL WAY, WA 98003 Mailing address: 10423 SE 301't St, Auburn, WA 98092 11M: I . .1 1# . IM10.1"15 i1'` to I I gagAmens m a Erfr4r.MT. MIS M 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 #" •'a herein. 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): Was required by state or local order to close Was forced to lay off employees due to reduced patronage B Incurred over $1,000 in COVID-19 related expenses #I, Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT ®1 - -1-- CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wwwafyoffederahus), com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City rnay recover all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 NonjA �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. 5,1 Grantee ludetunifi&tion. 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 0 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. ,'W'TsVLaV,!W1_r1 of com�.etent �urisdiction determine that this Agieement is sub, ect 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 'hidustrial 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. CARES ACT BUSINESS GRANT AGREEMENT -2- I— CITY OF Federal Way CITY HALL 33325 tea Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway rom 5.3 City JudimnifikAtiog. 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 bk�afion and Modffic4on. 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 ma -ii, be deyosited in the United States mail,.p,=�ac 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 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 zw,?-ri. nothing in this ?�h 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 CARES ACT BUSINESS GRANT AGREEMENT - 3 - CITY OF Fe d e ra I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 WWW CdrjxxffedereMVzty Corn 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 P 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. Jim Fer;4,Yf'Ma§(;r DATE: SEATTLE SELF gt-: By: Printed Name: Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- MI I Washington State Departrrient of Reventje Services Business Lookup SEATTLE SELF DEFENSE MI Entity name: DEMILE, KENNETH ANDREW Business name: SEATTLE SELF DEFENSE Entity type: Sole Proprietor UBI #: 602-356-834 Business ID: 001 Location ID: 0003 Location: Active Location address: 33633 9TH AVE S FEDERAL WAY WA 98003-6705 Mailing address: 10423 SE 301ST ST AUBURN WA 98092-2538 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 19 -100199 -00 -BL Governing People May include governing people not registered with Secretary olState Governing people Title DEMIL, KENNETH ANDREW Status Expiration date Active Jan -31-2021 First issuanCE Jan -17-2019 Registered Trade Names Registered trade names Status First issued CARDIO SELF-DEFENSE Active Jan -15-2004 SEATTLE SELF-DEFENSE Active Jan -1 5-2004 View Additional Locations The Business lookup information is updated nightly. Search date and time: 7/25/20204:35:25 PIVI https://secure.dor.wa.gov/gteunauth/,1#337 1/1