AG 20-630 - Chess MoveCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I
ORIGINATING DEPT./DI'T:..—ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY._ ASAP
TYPE OF DOCUMENT (CHECK ONE):
11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ)
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
1:1 ORDINANCE El RESOLUTION
* CONTRACTA NT (AG#): El INTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT — ROUND 2
NAME OF CONTRACTOR: CHESS MOVE
ADDRESS: 18257 IST AVE S #131, FEDERALWAY WA 98003-2984 T ELEPHONE: (206) 271-4447
E-MAIL: REL AXEDKfNG44@GMAIL.COM
SIGNATURE NAME: KYM FLOWERS TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION L1 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: SEEArrACHEDAGREEMENT COMPLETION DATE:
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: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: __ ,,,_El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND
0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518<-10-490 Project Code #,267662-25060
DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
�ElPR' �CT MANAGER
ZE �CTOR
El RISK MANAGEMENT (IF APPLICABLE)
El LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: CouNciL APPROVAL DATE:
• SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:—
• 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
• LAW DEPARTMENT NTIA
OMNArORY (MAYOR OR DIRECTOR)
• CITY CLERK
• ASSIGNED AG# AG#
1/2020
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
m,vw atyoffederalway com
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
CHESS MOVE
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Chess Move, 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:
CHESS MOVE: KAUW_&1j 2 213111 Of MR I&AXV
KYM FLOWERS Ade Ariwoola
27400 Pacific Hwy S, #C, Federal Way, WA 33325 8th Ave. S.
Mailing address: 18257 1"- Ave S #13 1 Federal Way, WA 98003-6325
Normandy Park, WA 98148-1849 (253) 835-2414 (telephone)
(206) 271-4447 (telephone) (253) 835-2509 (facsimile)
relaxedking44@grrjail.com� ade.ariwoola@cit y
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 Ci
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 tj
grant agreement
d) 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 COVID- 19, Grantee business (check all that apply):
g Was required by state or local order to close
E] Was forced to lay off employees due to reduced patronage
E] Incurred over $1,000 in COVID-19 related expenses
E] Experienced 10-50% lost revenue
,g 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 -
CITY OF CITY HALL
33325 Sth Avenue South
Federal Way Federal Way,. WA 98003-6325
(253) 835-7000
www cityoffederalway cora
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 redover 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/100 Dollars ($1,000.00).
4.2 Non -A ri or payment
ppropriation of Funds. If sufficient funds are not approp ated or allocated f
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
ILVA 101101
5.1 Graifte indemnificalign. 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.
5.3 City lWerrinification. 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-
CITY HALL
33325 8th Avenue South
Federal WA 98003-631
(253)
•
wmv ntyoffederalooy com
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.
l W vote
6.1 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
• •r` null and void, • `• shall in no way affect • •. any other provision `• and
such
• provisions shall remain in full force and effect. No provision • this Agreement, • this
provision, may be amended, waived, or modified except by written agreement signed by duly authorized
representatives • the •
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 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 by this Agreement in one or more instances shall not be construed to be a waiver
• relinquishment • those •` • • options, and the same shall •" and remain in full force and
effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive
'k, "., � *r kiabm*# F,2ihwe-xs3W i
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
• indemnification under Section 5 • this Agreement.
6.3 Execution. Each individual executing this Agreement • behalf • 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 -
i
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-5325
(253) 535-7000
vw cityoffederilway com
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart.signature . • acknowledgment pages from such counterpartsmay 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 writtenbelow.
ATE; q19-A&J&j
•
9/29/2020 Washington State Department of Revenue
< Business Lookup
License Information:
New search Back to results
Entity name: FLOWERS, KY
Business name: CHESS MOVE
Entity e: Sole Proprietor
L I: 604-650-490
Business 11): 001
Location ID: 0001
Location: Active
Location address: 27400 PACIFIC HWY S
UNIT C
FEDERAL WAY WA 98003-2984
Mailing address: 18257 1ST AVE S
APT Bl
NORMANDY PARK WA 98148-1849
Excise tax and reseller permit status: Click here
Endorsements
Endorsements held at this coca License # Count [Retails Status
Expiration date First issuance l
Federal Way General Active
Aug -31-2021 Aug -25-2020
Business
Governing PeoplMay Include goveming people not regIstered with Secretary of State
Governing people Title
FLOWERS, KY
Registered r
Registered trade names Status
First issued
CHESS MOVE Active
Aug -21®2020
The Business Lookup information is updated nightly. Search date and time: 9/29/2020 2:27:10 PM
https://secure.dor.wa.gov/gteunauth/—,/#1 3
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