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AG 20-339 - Law Office of Todd W. HowardRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV'. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON mrvm m N EXT: 2412 -- 3. DATE Q. BY, ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E. G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT -El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT(AG#):_ 11 INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E: CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: LAW OFFICE OF TODD W. HOWARD, LLC ADDRESS: 33919 9TH AVE S, #103, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 661-1856 E-MAIL: TWHOWA1963@HOTMAIL.COM SIGNATURE NAME: HOWARD HOWARD TITLE: SEE ACHED 01tmil!ITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE Ll Al OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.1 0) (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 EJ YES X NO IF YES, $_ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: --.D R-ETAINAGE AGREEMENT (SEE CONTRACT) OR F-1 RETAINAGE BOND PROVID4 0 PURCHASING: PLEASE CHARGE TO: 0. %�IVIEIT in PROJECTMANAGER. ��6R�CTOR El RISKMANAGEMENT (IFAPPLICABLE) El LAW INITIAL DATE REVIEWED INITIAL DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 • LAW DEPARTMENT SIGNED BYLAw07-28-20 • SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK F-1 ASSIGNED AG# etas` 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Law Office of Todd W Howard, PLLC, a professional limited liability company C'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: iii Howard 33919 i33325 FEDERAL WAY, WA 98003 ii '.i i `i i i ii i . i Ade Ariwoola + FederalY., WA 9800 3-6325 i(telephone) • 1. TERM. This agreement contemplates a one-tinie grant of funds to the Grantee under the conditions described HNNNIAa r l7 MOEM "L719 Y 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 'i' i Grantee maintains .' current City of ' # ' .l Way business c) Grantee has paid all taxes and government fees due up to the date of execution of this t agreement } Grantee is nott e recipient of other state or federal funding made available as a response o the COVID-19 pandernic } 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). Grantee's net revenues do not exceed ore t 1.5 millioper year Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service Due to COVID- 19, Grantee business (check all thatapply): Was required y state or local order to close Was forced to lay off employees due to reduced troe Incurred over $1,000 in COVID-19 related expenses Experienced 1- % lost revenue Experienced over % lost revenue CARES ACT BUSINESS GRANT AGREEMENT -1 CITY OF C17Y HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. I we V. I 1011"MW Mr- IJUN 111QUICU ILC LO Me U197TJ77�77N-nuernic, Ine City snall provi e a grant to the Urantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Not"porboriolion 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 Indemnification. 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 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 ItidustriA InsuranceAct 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. C11Y Of Fbderal VVOY CITY HALL 33325 Sth Avenue South Federal Way VVA 98003-6325 (253) 835-7000 www cityoffecleralway corn 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, 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 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 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 effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the Citp to declare one breach or default does not 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 does 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 clYim 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 recover�,LQr amLar-d vrovided by law; yrovided, inpld-,Lk 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 01� , �S� F4deral � CITY HALL 33325 8th Avenue South Federal Way, WA 98003-632.5 (253) 835-766 cityoffaderatway carp) effectAgreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same as Parties hereto r'isigned the same document. All such counterparts• be construed togetherand shall constituteone _ but r • proof hereofshall 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. rN WITNESS, the Parties execute this Agreement below, effective the last date written below. ATE. LAW OFFICE OF TODD W. WA R D, By Printed Name: Title: DATE: mm C' Washington State Departrri P-n� olf R-�',venue Sevvices Business Lookup L.AkAl OFMCE OF TODD W, HOVVARD, LLC License Information: New search Back to results Entity name: LAW OFFICE OF TODD W. HOWARD, PLLC Business name: LAW OFFICE OF TODD W. HOWARD, LLC Entity type: Professional Limited Liability Company UBI #: 602-916-487 Business ID: 001 Location ID: 0001 Location: Active Location address: 33919 9TH AVE S STE 103 FEDERAL WAY WA 98003-6736 Mailing address: 1138 SW 333RD ST FEDERAL WAY WA 98023-5319 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way General Business 06 -105275 -00 -BL Active Apr -30-2021 Oct -17-2006 Governing People May Include governing people not registered with Secretary of State Governing people Title HOWARD, TODD The Business Lookup information is updated nightly. Search date and time: 7/25/2020 2:21:44 PM Working together to fund ashington®s future I https://secure.dor.wa.gov/gteunauth/—,/#452 1/1