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AG 20-613 - Aum LLC.. RETURN TO: Tim • • n EXT: 2412 CITY OF FEDERAL P, ROUTING 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., Q) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMTENT ❑ HUMAN SERVICES / CG ❑ REAL ESTATE Doc NT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG ): m_ _n ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT : CARES ACT GRANT — ROUND 2 NAME OF CONTRACTOR: AUM LLC ADDRESS: 2216 S 336TH ST # 304, FEDERAL WAY WN 98003-7820 T ELEPO : (646) 515-4938 E-MAIL: AUM.LLC.DESIGNS@GMAIL.COM SIGNAT NAME: GUGHANATHAN IYER TITLE: SEE ATTACHED . . r s ■ •� a ■ • ■ .. �. COMMENCEMENT DATE SEE ATTACHEDAGREEMENT ♦ DATE: TOTALr • ONE s • AND • ($1,00 0.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RAT REIMBURSABLE EX' NO IF YES, MAXIMUMDOLLAR AMOUNT: IS SALES TAX OWED ❑ YES X NO IF YES, $___, PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGEAMOUNT: _ _. ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAfNAGE BOND ROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10490Project Code 4267662®25060 DOCUMENT/DOCUMENT/CONTRACT REVIEWTI / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CTO " .� ._ 161 ❑ RISKMANAGEMENT (IF APPLICABLE) ■ . r 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SE DATE C'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 1 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 ❑ LAW DEPARTMENT N/A ATORY (MAYOR OR DIRECTOR) ❑ CITY CLERKffi_ e ❑ ASSIGNED AG# AGI,' CA ;OE S: 1/2020 � F6deral FUNDSCARES ACT BUSINESS WITH AUM LLC CITY HALL 33325 8th Avenue South Federal Way, WA 93003-0325 (253) 335-7000 ev cityoffederalway corn This Grant Agreement .•- between the City of _•-ral Way, a Washington municipal corporation ("City"), and AUM 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: 33325 a Federal• 98003-6325 (253) 835-2414 (telephone) 0. Federal1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions 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 r of -•" business c) Grantee has i. • all taxes. • government fees due up to the dateof execution of grant agreement; ) Grantee's business employs no more than the equivalent 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 CVI -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 $1,000 in CVI-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a} Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 1 - crvy of FOderal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm cityciffedeFa[way coin Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. ♦ Should any • the conditions described in section 2.1 above, • be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 • In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amounJ • to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymen) under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 0 5.1 Grantee Woinaifig�- The Grantee agrees to release indemnify, defend, and hold the City, its elected official7s, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any • all claims, demands, actions, suits, causes • 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 • 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 • • indemnification. 5.2 ffidustrial lnsui�e Act.W4ivet. 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 • the amount • damages, compensation • benefits payable to • by any • 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 Cit, y Inderrinifkati . The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees,- agents, representatives, and sub- contractors harmless CARES ACT BUSINESS GRANT AGREEMENT -2- COTY bO ;%6, F6d AJ � �� Y t era ft CITY HALL 33325 Sth Avenue South NNRK�• 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 g Pkx� resulting, from or connected with this A�weement 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. 6.1 fiftWp�� W&fication. 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 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 CARES ACT BUSINESS GRANT AGREEMENT -3- & C1 rY bf ,MM� Fbderal My CITY HALL 33325 Sth Avenue South Federal 98kU--;-325 (253) 835-7000 wwwcityoffederalway.com together and shall constitute one instrument, but in making proof 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. EM Y• Prir Titli DA' ATTENTIOWThis service WIH The unavailable from Saturday, Sept, 12 at 8:00 a.m. to Tuesday, Sept, 15 at &00 a.m. PT as we make improvements. Services Business Lookup AUM, LLC License Information: New search Back to results Entity name: ALI LLC Business name: All LLC Entity type: Limited Liability Company U #: 603-179-078 Business 111 001 Location 111 0001 Location: Active Location and Mailing 2216 S 336TH ST APT 304 address: FEDERAL WAY WA 98003-7820 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 Home Occupation Active Aug -31-2021 Sep -03-2020 Business Governing People may include governing people not registered with Secretary ol'state Governing people Title IYER, GUGHANATHAN 111',11,�11��'' 111 1111 11 1'! RF Ij '1 11,1,111 , a 4 . - 0 a .11 Working together to fund Washington's future https:flsecure.dor.wa.gov/gteunauth/—,/#41 1/1