AG 20-588 - Action Landscapen.. _.RETURN TO: Tirn Johnson EXT: 2412CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON:JOHNSON f. i BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., )
❑ 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#)_ _ ❑ INTERLOCAL
OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT E: C ATS F ACT GRANT ROUND 2
NAME OF CONTRACTOR: ACTIONLANDSCAPE
ADDRESS: 35812 13TH AVE S, FEDERAL WAY WA 98023-7239 T ELEPHO : ( 253) 255-2419
E-MAIL: SEAN ACTION I@a COMCAST.NET
SIGNATURE NAME: SEAN DAYLEY TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: ■ SCOPE,r.. SERVICES ■COMPENSATION ■ INSURANCE REQUIREMENTS/CERTIFICATE
TERM:OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
• DATE: i i} t
TOTALr r SALESONF THOUSAND AND NO/100 1000. 00)
CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF i AND HOLIDAY
REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY
RETAINAGE: RETAINAGEAMOUNT: —0 TAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
ROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060
0. DOCUMENT/CONTRACT TI / DATE REVIEWED INITIAL / DATE APPROVED
r1RECTOR JECT MANAGER
❑ RISK MANAGEMENT(IFAPPLICABLE)
F
❑ LAW
SCHEDULED COMMITTEE
�CHEDULED COUNCIL DATE:
APPROVALCOMMITTEE D.
COUNCIL • r DATE:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 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 EPARTMENT N/ • m
aNATORY (MAYOR OR DIRECTOR) a �'
El CITY CLERK#
❑ ASSIGNED AG# AG#
;OM S:
---------
1/2020
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Action Landscape, 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:
ACTION LANDSCAPE: CITY OF FEDERAL WAY:
SEAN DAYLEY Ade Ariwoola
35812 13th Ave SW 33325 8th Ave. S.
FEDERAL WAY, WA 98023-7239 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 255-2419 (telephone) (253) 835-2509 (facsimile)
sean action 1 (d),comcast.netade.ariwogle
.,cit.yoffederalway.com
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 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):
Was required by state or local order to close
Was forced to lay off employees due to reduced patronage
E] Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
2.2 Use of Funds: Grantee of that grant funds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
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Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee
upon request.
3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may
recover all disbursed grant fimds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00).
- I h 3 --11 1 1�1 X17
1 1111,
5.1 The Grantee agrees to release indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harinless from
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fmes, 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
a set
IF1 L 'C S 1-r 11SHI-C UIUL CUU-11 SUU-kJf411LCC SHU11 4-111CC L41 f4t
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 • any
limitation • the amount of damages, compensation or benefits payable to or by any third •. under workers'
• ensation acts disabilitp benefit acts or angi other benefits acts or re-ro ams. The Parties further acknowleda-e
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that they have mutually negotiated this waiver.
CARES ACT BUSINESS GRANT AGREEMENT -2-
7/2020
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
Kmw atvoffi?d6iahvay com
5.3 Qty__. 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,
aw-m es, liabilities, losses., fines- -fees, (�Ienafties ey—itenses - attomeg'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 Dumn N_U gl�
6.1 IntetptqgohaJ!d ModificIttioti. 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,
moner ive, null and void, or illeial shall in no "a affect or invalidate anv othewrovision hereof and such other
S VIS SHU11 MHUXI JL1 14A1 14TUC �Wf_ C11CUL. I ;fr IIEWTIS1*11 *i LULS UJIS Provisift'll, May
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 poosted in the United States mail shall be deemed received three (3) days after the date of mailina. An:v 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 b% this cesij -tistmed to Q Yexj _jJ
_ _�J gt be co
W ou i a mii Wi""a
of the City to declare any 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 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 brinVS au -p claim or lawsuit arisin�4, from this Aweement
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.
CARES ACT BUSINESS GRANT AGREEMENT -3-
7/2020
CITY OF CITY HALL
33325 8th Avenue SOUth
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www citvcpffederatwey. coin
6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents
md 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 together and shall
constitute one instrument, but in makin roof hereof it shall only, be necessM,, to yroduce one such countervart.
9 --VF
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.
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DATE:
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Printed Name`et
Title:
DATE: —1 0
W. -T41-11-11 a My I OLIN I
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< Business Lookup
Entity name-.
DAYLEY, SEAN MICHAEL
Business name:
ACTION LANDSCAPE
Entity type-
Sole Proprietor
UBI #:
602-226-365
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
35812 13TH AVE SW
FEDERAL WAY WA 98023-7239
Mailing address:
35812 13TH AVE SW
FEDERAL WAY WA 98023-7239
Excise tax and reseller permit status:
Click here
Endorsements
Endorsements held at this location
License # Count Details Status
Federal Way Home Occupation
12 -101188 -00 -BL Active
Business
Governing People My Oddg—kw p -pr. -tMW—d Wd, S—My.fStf.
Governing people Title
DAYLEY, SEAN MICHAEL
Registered Trade Names
Registered trade names
ACTION LANDSCAPE
ACTION LANDSCAPE MANAGEMENT
Status
Active
Active
E01MI UVA§�,MU3Fr1r#WrMMR I I I . I
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Expiration date First issuance date
Aug -31-2021 Mar -15-2012
First issued
Nov -22-2011
Nov -03-2003