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AG 20-597 - All Purpose BatteriesTO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT.IDI'k-'-, —ECONOMIC DEVELOPMENT . ORJGINATING STAFF PERSON: TIMJOHNSON --EXT: 2412 — 3. DATE i4EQ. BY. -,""ASAP, TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE El RESOLUTION • CONTRACT AMENDMENT (AGP,). El INTERLOCAL X OTBER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT- 'L R�QUND 22� NAME OF CONTRACTOR: ALL PURPOSE BATTERIES ADDRESS: 29TELEPHONE: (360) 570-0000 E-MAIL: MATT.PHILLIPS@BATTERIESPLUS.COM -31936 PAC, OV( -SA 0/40-A F k -J SIGNATURE NAME: MATT PHILLIPS TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO1100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: D RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAiNAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOC 1TT1EAT/CO1TFk#*' C'f ZIDTIFTT [I PROIECT MANAGER E+�CTOR El RISKMANAGEMENT (IFAPPLICABLE) El LAW I IMINIMAMMMMUJINW11 INITIAL / DATE APPROVED y 0 174o= CONIMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D-, 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 SIGN -ED 0 LAWD ARTMENT N ATo TORY (MAYOR OR DIRECTOR) 0 CITY CLERK V El ASSIGNED AG# AG .mm. :OE S:; CITY OF 'a Federal Way CITY HALL 33325 8th Men UP S0011 Federal Way, VVA 98003-6325 (253') 835-7000 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ALL PURPOSE BATTERIES, INC This Grant Agreement ("Agrccrncnt") is made between the City of Federal Way, a Washington alunicipal corporation ("City"), and All Purpose Batteries, Inc, 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 - ALL PURPOSE BATTERIES, INC: CITY OF FEDERAL WAY: !MATT PHILLMS Ade Ariwoola 31830 Pacific Hwy S # A, Federal Way, WA, 98003-5449 33325 8th Ave. S. Mailing address: 2905 Capital Mall Dr SW Federal May, WA 98003-6325 Olympia, WA 98502-8635 (253) 835-2414 (telephone) (360) 5700000 (telephone) (253) 835-2509 (facsimile) matt.r)hillii)sa,batteiiesolus,com ade.ariwoo1a(&,citvoffcderalwa The Parties agree as follows: I. TERAL This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 11 Warramies, 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 Intemal 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 - 1 - CITY OF Federal Way c) Insuraricm d) Utilities e) Marketi f) Payroll I CIT"Y'HALL 3332513tb Avenue South VVA 98003-6325 Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request, 3, TERIMINAT ION. Should any of the conditions described in section 2.1 above, not be rnet, the City may recover all disbursed grant funds and ten-ninate this agreement, 4. GRANT AMOUNT. 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 pandernic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 42 Ncava :A2gLUriation 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. INDEMNIFICATION. 5.1 Grantee Indemnification. The Grantee agrees to release indenmify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, darnages, 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 perfannance 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 RC W 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, 52 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 ofd ages, 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, 53_CLJ tv Indemni fication. The City agrees to release, indemnify, defend and hold the Grantee, its CARES ACT BUSINESS GRANT AGREEMENT - 2 - CITY OF ,vn,a FFederal Way C1TYHA,.L 33325 8th AVenUe South Federal Way 01A 98003-6325 (253) 835-7000 con, officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fincs, 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, oro issions of the City. 5A Survival. The provisions of this Section shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or termination, 6. GENERAL PROVISIONS, 6.1 hiterliretabon and Modificalloo. This Agrecment 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 Enforcemerit. 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 remedics 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 or relinquishment of those covenants, agreements or options, and the same shall be 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 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. H7 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 Courity 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 indenraification under Section 5 of this Agreement. 6.3 Execution, Each individual executing this Agreement on behalf of the City and Grantee represents and war -rants 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 - city OF CITY'HALL 33325 Sth Avenue South Federal Way VV A 98003-6325 Federal Way (253) 835-7000 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 co plate 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: ALL PURPOSE BA"FTERJES, INC: Printed Name. rax -t Tit1c- DATE, CARES ACT BUSINESS GRANT AGREEMENT - 4 - Services Business Lookup ALL PURPOSE BATTERIES LLC DBA BATTERIES PLUS BULBS License Information: New search Back to results Entity name: ALL PURPOSE BATTERIES, INC. Business name: ALL PURPOSE BATTERIES LLC DBA BATTERIES PLUS BULBS Entity type: Profit Corporation UBI #: 601-940-294 Business ID: 001 Location ID: 0005 Location: Active Location address. 31830 PACIFIC HWY S STE A FEDERAL WAY WA 98003-5449 Mailing address: 2905 CAPITAL MALL DR SW OLYMPIA WA 98502-8635 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 15 -101705 -00 -BL Governing People May include governing people not registered with Secretary ot'State Governing people Title PHILLIPS, DANIEL PHILLIPS, MATT Registered Trade Names Registered trade names Status ALL PURPOSE BATTERIES DBA BATTERIES PLUS Active Status Expiration date First issuance Active Mar -31-2021 Apr -21-2015 - . I 106SERWILIF, Working together to fund Washington's future