Loading...
AG 20-651 - DJ Trophy Award & EngravingM = 1 RETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 01WINAIING DEPM/Ml VRIGE'4ATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ BY, ASAP [I PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT E] HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACTA NT (AG#):____ El INTERLOCAL X OTHER-- CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CAR ESACT GRANT — ROUNp 2 NAME OF CONTRACTOR: DJ TROPHY AWARD & ENGRAVING ADDRESS: 33110 PACIFIC HWY S # 1, FEDERALWAY WA 98003 T ELEPHONE: (253) 797-1641 E-MAIL: JANDALE43@GMAIL.COM SIGNATURE NAME: JANICE POOL TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 1:1 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENITS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAX UM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: 11 CONTRACTOR 0 CITY RETAINAGE: RETAINAGEAmoUNT: rcmmRETAINAGE AGREEMENT (SEE CONTRACT) OR EIRETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE,APPROVED P JECT MANAGER I R, RECTOR A0 c2 El RISK MANAGEMENT (IF APPLICABLE) 11 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: D SENT TO VENDOR/CONTRACTOR DATE SENT: - DATE REC'D:- El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 Fj I V DEPARTMENT [i , NATORY (MAYOR OR DIRECTOR) � ZG 0 CITY CLERK El ASSIGNED AG # AG# 'OMMENTS: This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and DJ Trophy Award & Engraving, a Washington corporation ("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: JANICE POOL 3311 Pacific Hwy S, # 1, Federal Way, WA 98003 Mailing address: 3311 acific Hwy S, # I Federal Way, WA 98003 (253) 797-1641 (telephone) iandale43a,mail.corn I Ade Ariwoola, 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwoola(a-),c4yoffs deral)yay.co m 1. TERM. This agreement contemplates a one-time grant of fimds to the Grantee under the conditions .i�escribed 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 F -d - agree ent; de agreement; d) Grantee's business employees no more than tee iv ent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) 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 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 CITY OF Federal Way c) Insurance d) Utilities e) Marketia,*J f) Payroll CITY HALL 33325 8th Avenue South Federal Way, WA 98003-.6325 (253) 835-7000 tvwiv (.14,offederahvay rom Grantee agrees to retain receipts documenting use of grant flunds 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 ftmds 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 Two Thousand and NO/100 Dollars ($2,000.00). 4.2 'N&op�pEop�dgtion of Finid$. If sufficient funds are not appropriated or allocated for payment under this AUeement for My fiscal peri d, the City will not be obligated to make payments under this ageement. 5.1 Omritee� lWgM��. 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 rkFor- Withlid licensees, or representatives, arising from, resulting from, or in connection with this Agreein or the a is 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. -I ILI Mff 1fJ__VfV11M1LLJ 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. 5.3 Ujy 1qdgmm*!kWon. The City agrees to release, indemnify, defend and hold the Grantee, its CITY OF Federal Way CCT)'" HALL 33325 8th Avenue South Federay Way, WA 98003-6325 (2 53) 835-7000 Awa tyLiffederalway Lom WATRPIWWW�.#1 -1 — �14- *M 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. GENERAL PROVISIONS. 6.1 1bkqkg1g1on 9W Mbdification. 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 I otice 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 r i ,, ontion conferred bv this Agreement in one or more instances shall not be construed to be a waiver Lei a -r -J-1 1.11M] F-91 I or-) $1101a 111 11 Me) WSJ G I al I Jmtj [A a #-I r-w-rallrom I ro I a #ZWA It anty It0I I - 1 4 MR01"t 1 066 0*11�10 M IING�Wxlww i W- N IN 4, "at V ,0 simai uroacii of it.r1laJ.R. f allUe 01 L-LC'LILJ LU &r-&"JADft-LJVTC WfUdUR-411- &C-IMAL UUVS LUTL ULA 4 d ,,TTZdt1VC1 wu L 0 y 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 such claim or lawsuit, including-�allpTeal& in addition to am —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 A_wreement 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 CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY Of Fbderal VOy CFTY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coo together and shall constitute one instrument, but in makingproof hereof it shall 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. DATE: pi&o— By: Printed Name: Title: DATE: 110/8/2020 Washington State Department of Revenue Washington State Department of Revenue < Business Lookup Entity name., DJ CORPORATE ENTERPRISES, INC. Business name. DJ TROPHY AWARD & ENGRAVING Entity type: Profit Corporation UB1 #: 602-587-770 Business lCh 001 Location ID: 0001 Location: Active Location addrew. 33110 PACIFIC HWY S STE I Details Status Expiration date FEDERAL WAY WA 98003 New sedrch Back to results Mailing address: 33110 PACIFIC HYVV S STE 1 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location Licenses Count Details Status Expiration date First issuance dat Federal Way General Business 00 -101415 -00 -BL Active Feb -28-2021 Feb -07-2000 Governing People Governing people Title HOAGLAND, MICHELLE T POOL, DALE E POOL, DARIN E POOL, JANICE H Registered Trade Names Registered trade names Status First issued DJ IMPRINTS & APPAREL Active Feb -24-2006 DJ TROPHY AWARD & ENGRAVING Active Feb -24-2006 The Business Lookup information is . ...... .... . .... ...... updated nightly. Search date and time: 10/8/2020 10:46:54 AM https:llsecure.dor.wa.gov/gteunauth/�/#21 112