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
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El LAW
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INITIAL / DATE APPROVED
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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