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AG 20-143 - Baby N Me OrganicsRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT *RIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY._AsAp TYPE OF DOCUMENT (CHECK ONE): Ei CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 1:1 SMALL OR LIMITED PUBLIC WORKS CONTRACT • 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) • ORDINANCE El RESOLUTION • CONTRACTA NT (AG#): EIINTERLOCAL • OTHER CARES ACT FJNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT E: CARES ACT GRANT- ROUND I NAME OF CONTRACTOR: BABYNMEORGANICS ADDRESS: 1900 SW CAMPUS DR, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 658-7138 E-MAIL: JNHARRis26@GMAIL.COM SIGNATURE NAME: JASMINE HARRIS TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES D COMPENSATION 0 INSURANCE REQUIRENIENTS/CERTIFICATE 0 All OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS 0 TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND ANT) NO1100 ($1,000m) (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: $__ IS SALES TAX OWED DYES XNO IFYES,$ _ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: �xllEl RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-490 PLoject Code# 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER e I A iRECTOR 11 RISKMANAGE MENT (IFAPPLICABLE) ---- * ME INN -91 MNM w�.� lei M R Mimi U15119 Lei I a 0 wa-513 9191 w tokyja el I 919j INCAWAVORM[M COMMITTEE APPROVAL DATE: CouNaL APPROVAL DATE: 19 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 8 CREATE ELECTRONIC REMINDERfNOTIFICATION 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.) INITIALSIGNED 1:1 LAW DEPARTMENT P ATORY (MAYOR OR DIRECTOR) L- , 11 CITY CLERK GA ASSIGNED AG# A , 1/2020 This Grant Agreement ("Agreement' ') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Baby N Me Organics, 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: on Ff. M, IT IT -41", I a "11 lim Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-63f2 (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 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 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 it not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defted 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 F-1 Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT CITY OF C1 -7Y HALL A* 33325 8th Avenue South 400S� Federal Way Federal Way, WA 98003-6325 (253) 835-7000 aIavw cifyoffederalway. corn 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. TtRMINAnON. Should any of the conditions described in section 2.1, above, not be met, the Ci may recover all disbursed grant funds and terminate this agreement. I 4. GRANT AIVIDUNT. 4.1 Amount. in older � to p"no he e t6 alk eWnomi Activity in the City and in response to the losses Grantcd�bas incurred due to the COVID t 9 1vandemi gotmt not toils�40 exceed One Thb MIVW �4hdNWIQO Ddllars�41�000.00). I d If suf66ent funds are not appropriated or allboafed for payrnebt T et ffris AgNclueftt for Any fi�oftl Period, the Qify will not be oblJ40ted to make un&� agrament, P : i 10111513101071-LXF17- M, 5.1 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, reitresentatives. ins fflvwx a irw volunteers to the extent and -o-n—the —same terms and conditions as the Grantee pursuant to, thfs paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be "nds to awid I any of these covenants of indemnification. 5.2 Industrial InSUrance Act — ' � It is specifically and expressly understood that the Grantes 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 ally limit6tiblf on the amount of damVes�, compensation or benefits payable to or by any third arty under p workor �em com eftsation acts, disability b p c4efit act$•any other beneffis acts or programs. The Parties further �tcknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- CITY 0# jA� F4deml My CITY HALL 33325 Sth Avenue South Federal Wav_�c-,aar-1,awe,�,a (253) 835-7000 wmv a1yoffeder-alway coa� 5.3 Ojy The City agrees to release, indemnify, defend and hold the Grantee, itz-� 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, Iiabilities, 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 th Agreement with respect to any event occurring prior to such expiration or termination. I 6.1 Inte aretation and Modificatio 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 noway affect or invalidate any other provision hereof and such . other provisions shall remain in fall 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 Partics. 6.2 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 b tli*s A eement in one or mo 6.3 ELX2ic�"' I. 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 f% -"'ARES ACT BUSINESS GRANT AGREEMENT -3 - -CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway coin vivo 1,19,11rimlimm, I DATE: L mgmmmi�� Z�`ARES ACT BUSINESS GRANT AGREEMENT -4- Was-'h�iriiqtor� State Dej.-,,artrner)t of Revenue Services Business Lookup BABY N ME ORGANICS License Information: Entity name: HARRIS, JASMINE NICHOLE Business name: BABY N ME ORGANICS Entity type: Sole Proprietor UBI #: 603-592-149 Business ID: 001 Location ID: 0002 Location: Active Location address: 1900 SW CAMPUS DR APT 22-303 FEDERAL WAY WA 98023-6467 Mailing address: 1900 SW CAMPUS DR APT 22-303 FEDERAL WAY WA 98023-6467 Excise tax and reseller permit stat s: Click here Endorsements Endorsements held at this location License # Count DetE Federal Way Home Occupation Business Governing People May include governing people not registered with Secretary of State Governing people Title HARRIS, JASMINE NICHOLE New search Back to results Status Expiration date First issuance Active May -31-2021 May -11-2020 Registered Trade Names Registered trade names Status First issued BABY N ME ORGANICS Active May -11-2020 SASHAY LASH BY: JASMINE Active Feb -11-2016 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:29:23 PM t 11 https://secure.dor.wa.gov/gteunauth/,/#129 1/1