Loading...
AG 20-364 - Tree Trees Yoga1 L RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DET./DIV:—ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON - -------- - - - - EXT: 2412- 3. DATE Q. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFT� RFQ) El PUBLIC WORKS CONTRACT C3 SMALL OR LIMITED PUBLIC WORKS CONTRACT E] PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG 0 REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE El RESOLUTION El CON TRACTA MENDMENT(AG#):_ El INTERLOCAL X OTHER CARES ACT RJNDS BUSINESS SUPPORT GRANT.%CilI.l--'-f-,,Ml'--N-I' PROJECT NAME:— CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: TREE TREES YOGA& HEALING ARTS CENTER ADDRESS: 204 S 348TH ST, #2, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 224-8246 E-MAIL: SUZYGREENOOO@GMAIL.COM SIGNATURE NAME: CU14DRICH CINDRICH TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACTWMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENTTMy COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $_ PAID BY. 0 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: mITRETAINAGE AGREEMENT (SEE CONTRACT) OR Ei RETAINAGE BOND PROVIDE 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-51810-490' roject Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED JNITI At-' DATE AP P ROVED E] PROJECT MANAGER �DIRECTOR o RISKMANAGE MENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 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 El LAW DEPARTMENT SIGNED By LAW 07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) D CITY CLERK 1:1 ASSIGNED AG# AG# 1/2020 CITY OF At* Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcif. derg hvay_com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMIENT WITH MAITRI YOGA LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Maitri Yoga 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: Suzanne Cindrich 204 S 348TH ST, #2 FEDERAL WAY, WA 98003 Ade Axi-woola. 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ri r .. 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described 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 to e e t 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 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 Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT CITY OF CITY HALL "Iw33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 40 (253) 835-7000 wmv cii-yoffederalway coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any • the conditions described in section 2.1, above, • be met, the City may • all disbursed grant fands and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation • • If sufficient funds are not appropriated • allocated for payment under this Agreement • any fiscal period, the City will not ►` 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 hannless 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 fir_ rformance • this Agreement, except for that portion • the claims caused by the City's sole negligence -.- Should a court of competent iurisdiction determine that this Agreement is su ect to RCW 4.24.115. then. in the 0 —M I I im I'mc-1411m werell 11g1kidy lygi t" 'MII&TKI N I -"Jtlll�; IfIVIII L11C UPIMU 011L n0g11A;011C0' I L11C UEUIACU WIU L11 I k - 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 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 indenmification. 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. CI FTY HALL 33325 8th Avenue South Federal Way., VVA 98003-6325 (253) 835-7000 wvvw cilyoffederalway.com 5.3 C' Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its I Jly 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 aients licensees, or representatives, arising, from. resultim from or connected with this Awee-ttext to tVe exte-s-1 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 Interpretation and Mbdifkation. 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 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 b9 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 angi o(ttion conferred bgj thill Ai eement in one or more instances shall "-1 b]&1Q&-yt?;LiwO or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall 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 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 sett 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 ;urisdiction over such a suit, then suit mM,1, be filed in an-,,,, other a�� ",ryriate court in King Count3* 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 Grantos represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This F4 �:L- �, �91,1 112�,- i.UM bCITY OFF76deraj !A�y CITY HALL 33325 3th Avenue Sough Federal Way, WA 98003--6325 (253) 835-7000 www cityoffederalway corn Agreement I 1. executed in any numberof i ` i. each of I 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 ♦ fshall• one but ♦ proof _ _i . it shallonly be necessary i i if one i iIrt. The signature and acknowledgment f.gx from such counterpartsbe 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 lastof all of _ Parties have executed counterpart of this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute Agreement ` below,effective astdate writtenbelow. Ulm ATE: LM r `f Title: LLC ATE: ME= 'Viashiington St,-ite Depaftment of Rev,,)�We Servic,es Business Lookup TREE TREES YOGA & HEALING ARTS CENTER License Information: Entity name: MAITRI YOGA LLC Business name: TREE TREES YOGA & HEALING ARTS CENTER Entity type: Limited Liability Company UBI #: 602-488-826 Business ID: 001 Location ID: 0001 Location: Active Location and Mailing 204 S 248TH ST address: FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements held at this location License # Count Details Status Expiration date Federal Way General Business Active Jul -31-2021 Governing People ay include governing people not registered with secretary of state Governing people Title CI ICH, SUZANNE JESSICA SCHWISO W, KAREN ANN Registered Trade Names Registered trade names Status TREE TREES YOGA & HEALING ARTS CENTER Active N=Nness Looku I'll ii U by Working together to fund Washington's future First issued Apr -13-2005 hftps:Hsecure.dor.wa.gov/gteunauth/—/#544 1/1