AG 20-681 - Fit to the Core TrainingRETURN TO: Tim Johnson EXT: 2412 1
CITY OF FEDERAL ♦Y LAW DEPARTMENT, !
ORIGINATING EPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STiPERSON: r...,... 2412 DATE REQ. i ,.
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, Q)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED 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 ANT (AG#) w _ ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
6. NAME OF C
ADDRESS: 811 S 336TH ST, FEDERAL WAY WA 98003-6310
E-MAIL: DAVE@FITCORE253.coM
SIGAT E: DAVE FUJITA TITLE: SEE ATTACHED
T ELEPHO : (253) 315-3600
7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION[] INSURANCE REQUIREMENTS/CERTIFICATE EIALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: ATTACHED AGREEMENT COMPLETIONDATE:
r ■,:k� ■IOWA
ri �... �:
IS SALES TAX OWED ■ YES X NO
RETAINAGE: RETAINAGEAMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060
10. DOCUMENT/CONTRACT REVIEWDOCUMENT/CINITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PZRECT MANAGER
RECTOR r /(
❑ RISKMANAGEMENT (IFAPPLICABLE)
❑ LAW
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL 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, ' v
ATORY (MAYOR OR DIRECTOR)
CITY CLERK
❑ ASSIGNED AG# AG#
1/2020
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityofed eralway coo
'CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMEN+
WITH
FIT TO THE CORE TRAINING LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Fit to the Core Training 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:
DAVE FUJITA
811 S 336th St
Fed.erg.l
1 (253) 315-3600 (telephone)
Ldave'
,fitcore253.com
The Parties agree as follows:
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
ade.ariwoola@cityoffederalway.com
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
2. CONDITIONS OF GRANT
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'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):
ER Was required by state or local order to close
E] 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
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 fands and terminate this agreement.
4. GRANT AMOUNT.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
fe�,?_S_Jmih inddlie to t�e 6Q 6JJ -,I �, ggdemic, the Cit% shall Drovide a grant to the Grantee in an amoun) r W,
•[oil 9- wwt;JR122W#e a
4.2 Non-A-p-propriation 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
agreement.
5. INDEMNIFICATION.
5.1 Grantee lndgEW&A�. 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
PAOtbe-limit
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 Qy 1idenigifigggon. The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless
CITY Of
Fbderal I/Vay
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www, cilyoffederalway corn
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.
A SON'S 1 11 1 •-
6.1 1jgqMtqgfiqn �and Modificat011. 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
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 perfon-nance 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
or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force and
effect. Failure or dela�!, of the Citp to declare anp breach or default immediately upon 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 th-
• ,
ght 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 foram. 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
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed
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together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart. The signature c ole et pages ftorn such counterparts may be assembled
together to form a single instnunent 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 bet e" ac of mutual execution" hcrcof
IN WITNESS, e Parties execute this Agreement below, effective the last date written below.
CITY OF FEDEEA� AL
Ji
DATE.
FIT TOT°1[�.,C0RE 1 ,.k IN 1T `G L1,C.
r
By -
Printed lame: °d
Title: .� N......w
CARES ACT BUSINESS GRANT AGREEMENT -4-
WaSH,ngton State of
Services Business Lookup FIT TO THE CORE TRAINING
License Information:
Entity name.- FIT TO THE CORE TRAINING LLC
Business name: FIT TO THE CORE TRAINING
Entity type: Limited Liability Company
LIBI #: 603-169-741
Business ID: 001
Location ID: 0001
Location: Active
Location address: 811 S 336TH ST
FEDERAL WAY WA 98003-6310
Mailing address: 811 S 336TH ST
FEDERAL WAY WA 98003-6310
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 issuarI
Federal Way General Business 12 -102188 -00 -BL Active Jan -31-2021 Jun -06-2012
Governing People May include governing people not registered with Secretary of State
Governing people Title
FUJITA, DAVE
RUBIO, ALICIA
Registered Trade Names
Registered trade names Status First issued
FIT TO THE CORE TRAINING Active Jan -03-2012
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