AG 20-424 - Positive Vibes in the NorthwestRETURN TO: TIM JOHNSON EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
, - , M'w
U ORIGINATING STAFF PERSON: TIMJOHNSON EXT: 2412 3. DATE REQ.
4TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG
• REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE 0 RESOLUTION
• CONTRACT AMENDMENT (AG#):OINTERLOCAL
• OTHER —CARFS ACT FUNDS TPUSINESS SLIPP�T,�GRED'lw
6. NAME OF CONTRACTOR: POSITI'VLV'IBESTNTHE 'NORTH'WEST LL -6/14
ADDRESS: 1911 S COMMONS, rEDERAL WAY, WA, 98003 TELEPHONE: (206) 355-6268
E-MAIL: NwRASTA @HOT MAIL.COM
SIGNATURE NAME: LINDA DROGUETT TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 11 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMFNDMENTS
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR
IS SALES TAX OWED 0 YES X NO IF YES, $_ PAID BY: 0 CONTRACTOR C1 CITY
RETAINAGE: RETAiNAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR D RETAINAGE BOND
IFIROVIDED
Ei PURCHASING: PLEASE CHARGE TO: 001-1800-990 51„8-10-49 #267662-25060
10. DOCUMENT/CONTRACT REVIEW INITIALP DATE REVIEWED INITIAL1 DATE APPROVED
El P OJECT MANAGER r-)
IRECTOR J I /I
EI RISKMANAGE MENT (IF APPLicABLE)
0 LAW
------------
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMIYaTTEE DATE- COM=E APPRovAL DATE:
SCHEDULED Co cu. DATF: CouNaL APPRovAL DATE:
12. CONTRACT SIGNATURE ROUTING
• SENT TO CONT CTO DATE SEN'T.DATERECD;
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL,/ DATE SIGNED
• LAPARTNIENT
CN
-jj� OR DIRECTOR)
b ATORY(ki,wc Wzp ',j
0 CITY CLERK
11 ASSIGNED AG#
V2020
CITY OF CITY HALL
33325 Sth Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www rflyoffederalway com
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/1 00 Dollars ($ 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 i.:. this
agreement.
5.1 Oggtee ffidemnifj�m. 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
[�,erformance 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 cove
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 -solelli for the yuUoses of this indemnification. Grantee's indemnification shall not be limited in = 36W
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 farther
acknowledge that they have mutually negotiated this waiver.
CARES ACT BUSINESS GRAN1 AGREEMENT -2-
CITY OF
1% Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, VVI; 98003--6325
(253) 835-7000
mvw cilyoffederalway com
5.3 U_q ��L_. The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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.
I— ....... ... ............ . . . ...... r '"'
6.1 arid Mbdificatiph. 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 ftdl force and effect. No provision of this Agreement, including this
[1,rovision, 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 in I dei%osited in the United States mailpLtostaj,-e-Lgyyaid, to the address set forth above. Ang 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 &�yti-yn 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 fall force and
effect. Failure or delWi of the CAFj to declare ank_,A breach or default immediatelp at�on 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 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
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, 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 Grantee
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
CARES ACT BUSINESS GRANT AGREEMENT - 3 -
Services Business Lookup POSITIVE VIBES IN THE NORTHWEST
License Information:
New search Back to results
Entity name: POSITIVE VIBES IN THE NORTHWEST LLC
Business name: POSITIVE VIBES IN THE NORTHWEST
Entity type: Limited Liability Company
UBI #: 604-386-307
Business ID: 001
Location ID: 0001
Location: Active
Location address: 1911 S COMMONS
FEDERAL WAY WA 98003-6039
Mailing address: 1911 S COMMONS
FEDERAL WAY WA 98003-6039
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
Active Jan -31-2021 Jan -311-2020
Governing People may include governing people not registered with Secretary of State
Governing people Title
DROGUETT, LINDA
DROGUETT, LINDA ROMANE Governor
Registered Trade Names
Registered trade names Status
First issued
POSITIVE VIBES IN THE NORTHWEST Active
Jan -23-2019
https://secure.dor.wa.gov/gteunauth/—/#28 ill