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AG 20-208 - Dynamic TeamingREFS i, i i CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV' -ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON — EXT: 2412 3. DATE REQ. BY' ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFT, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIN41TED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AT (AG): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT I PROJECT NAME: CARES ACT GRANT -ROUND -I NAME OF CONTRACTOR: DYNAMIC TEAMING ADDRESS: 704 SW 363RD CT, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 240-0758 E-MAIL: DYN ICTE INGGAIL.CO SIGAT E: KARIN PEABODY TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL i iN$ (INCLUDE EXPENSES AND ONE ♦ ♦ AND NO/100 iii tt HOURLY(IF CALCULATED ON ♦• CHARGE - ATTACH SCHEDULES OF ♦ AND HOLIDAY REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ROVIDED 0. DOCUMENT/CONTRACTREVIEW ■ PROJECT MANAGER 5;i -DIRECTOR ■ i ■ i II�1 . ! ' != / 08 SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL D... SCHEDULEDf l....E: COUNCIL APPROVAL ! R� •; iii `ii i� ■ ti' # ' i` ! DATE C': ■ ATTACH: E.M AUTHORITY, r' Y NCE CERTIFICATE, 0 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 ❑ LA EPAR`I°MENT _ IGNATORY (MAYOR OR DIRECTOR) / " ❑ CITY CLERK SSIGNED AG# A I , P 112020 -- - 0TV Of VV4y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway cora CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH DYNAMIC TEAMING This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Dynamic Teaming, 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: Karin Peabody 704 SW 363RD CT FEDERAL WAY, WA 98023 I r! I I I I T.Ill I I I I I I turg PAU I I rq; I I $I Ade Ariwoola 33325 8th Ave. S. FederalWA 98003-6325 1253) 835-2520 (telephone) k (253) 835-2509 (facsimile) ............. ,, ....... . . . . . 1. TERM. This agreement contemplates a one-time grant of fands 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 de is 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): E] Was required by state or local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue ❑ Experienced over 50% lost revenue CITY OF CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 Federal Way (253) 835-7000 tiv wv. cityoffederalway coni a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred • to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000. 00). 4.2 Non -Appropriation 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 Ygreement. wlmn��M !9 5.1 Orantee 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 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 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. Oly Ok AN 56deral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 s,A,vGv.cityoffeder�il�i,qvcorii 5.3 Iridthittifiqation. The City agrees to release, indemnify, defend and hold the Grantee, i officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harnmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exte 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 tennination. A 1 1 U lb 1 0 E61g, 6.1 Ime=afiog and Modification. 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. 6.3 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 WMAXON W-01611 1,111 WIMMMUMMOMMA I oil's & CITX OF AN e 6�d ral MMY CITY HALL 33325 Sth Avenue Booth Federal Way, WA 98003-5325 (253) 835-7005 www cityoffederafway 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 i •s The signature and acknowledgment pages #m such counterparts m. 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY 07 WAY: 10 Ulm DATE: Title: ATE: 7/24/2020 eServices Washington State Department, of Revenue Se,rvlces Business Lookup DYNAMIC TEAMING License Information: Entity name: PEABODY, KARIN NOELLE Business name: DYNAMIC TEAMING Entity type: Sole Proprietor UBI #: 604-148-636 Business ID: 001 Location ID: 0001 Location: Active Location address: 704 SW 363RD CT FEDERAL WAY WA 98023-7294 Mailing address: 704 SW 363RD CT FEDERAL WAY WA 98023-7294 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way Home Occupation 17 -103366 -00 -BL Active Business Governing People May Include governing people not registered with Secretary of State Governing people Title PEABODY, KARIN NOELLE Registered Trade Names New search Back to results Expiration date Jul -31-2021 First issuance Jul -17-2017 Registered trade names Status First issued DYNAMIC TEAMING Active Jul -19-2017 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 4:08:39 PM https:Hsecure.dor.wa.gov/gteunauth/—/#323 1/1