AG 20-682 - Freedom FitnessEXT: 2412
------------
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: TPA JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP
M
R
A
WK0021 I Zriv-0 Lai 199LO I Lwjf2§11g1w6jUV I aggs at �zg a 02 Loa A wk9%
• PUBLIC WORKS CONTRACT 0 SMALL ORI ITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG
• REAL ESTATE DOC NT El SECURITY DOC NT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE D RESOLUTION
Ei CONTRACTA NT (AG#): [I INTERLOCAL
X O CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT
NAME OF CONTRACTOR: FREEDOM FITNESS
ADDRESS: 1320 S 324TH ST, FEDERAL WAY WA 98003-8445 T ELEPHONE: (206) 334-5239
E-MAIL: DREW@FPEEDOMFITNESSGYM.COM
SIGNATURE NAME: ANDREW DE TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: SEE AftACHED AOR8EMtNT COMPLETION DATE
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO1100 $
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIbAY RATES)
REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED DYES X NO IF YES, $— PAID BY: 0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR DRETAINAGEBOND
10011163:1111
10. DOCUMENT/CONTRACT RETIEI-17-
0 PROJECT MANAGER
��ECTOR
El RISKMANAGEMENT (IFAPPLICABLE)
[1 LAW
1 3 O's Main
INITIAL / DATE REVIEWED
#267662-25060
INITIAL 1 DATE APPROVED
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
D SENT TO VENDOR/CONTRACTOR DATE SENT: DATE
I] ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
El 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
0 LAW X.PARTMENT
NATI
V,�Jg jNATORY (MAYOR OR DIRECTOR)
D CITY CLERK
El ASSIGNED AG# A #
COMMENTS:
1/2020
CITY 00
A* M
F6de I VliMy
CITY HALL
33325 84h Avenue South
Federal Way, VVA 98003-6325
(253) 835-7000
www C11yoffederalway coal
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITVL
FIR A 11IMS
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Freedom Fitness, Inc, a Washington corporation ("Grantee"). The City and Grante*
(together "Parties") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
121 !L4221141" 3 V 110 M&M ICE M
ANDREW DEVRY Ade An'woola
1320 S 324th St # Al 1, Federal Way, WA 98003 33325 8th Ave. S.
Mailing address: 1320 S 324" ST, Federal Way, WA 98003-6325
Federal Way, WA 98003 (253) 835-2414 (telephone)
(206) 334-5239 (telephone) (253) 835-2509 (facsimile)
drew @free dom itness ,ym.co m ade.ariwoola(&cityoffederal.co
The Parties agree as follows:
1. TERM, This ap-reement contemplates a one-time grant of ftinds 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 oft 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 yea;r
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
Incurred over $1,000 in VI -1 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
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cifyoffederalw ay. coin
Grantee agrees to retain receipts documenting use of grant funds and will provide the 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 funds and terminate this agreement.
I in
0 11 ;NW -100110
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Gr -%rovide
not to exceed Two Thousand and NO/I 00 Dollars ($2,000.00).
4.2 Non-Ap
2ro riation 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.
5.1 grantee Inderh6fflzation. 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
ents re-
; ,oresentatives- insurers'. aUrneys, and
volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The
ri4*- i'QL'7 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 The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless
"Ty OF
Aft
Vra��
Fbdjeral My
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
t,vww. cilyoftederalway- core
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 thi3
Agreement with respect to any event occur -ring prior to such expiration or termination.
6.1 Interpretat on inW 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
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
1))rovision, 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 is 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 an5j 0!• tion conferred bp 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. 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 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
A�q_ untm
illawii-m f co -arts, eachofwhiii.. 00
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 making proof hereof it shall only be necessary to produce
QTY Of CITY HALL
33325 Sth Avenue South
MF�dem I My Federal Way, WA 98003-6325
(253) 835-7000
www cityoffedetalway corn
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 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
1! 11% 1 IKE! I i
TTM,47- M,
CITY OF FEDERAL WAY:
Jim Ferr Ma3(,w
DATE:
B V.
Printed Name: Andre3�K_
Title: owner
DATE: 10/8/20
State Deciirtyl-lent oi Revenue
Services Business Lookup FREEDOM FITNESS
License Information:
New search Back to results
Entity name:
FREEDOM FITNESS INCORPORATED
Business name:
FREEDOM FITNESS
Entity type:
Profit Corporation
UBI #:
603-031-168
Business ID:
001
Location ID:
0002
Location:
Active
Location address:
1320 S 324TH ST
Active
FEDERAL WAY WA 98003-8445
Mailing address:
1320 S 324TH ST
FEDERAL WAY WA 98003-8445
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 17 -100350 -00 -BL
Governing People May Include governing people not registered with Secretary of State
Governing people
Title
DEVRY, ANDREW
Registered Trade Names
Registered trade names
Status
FREEDOM FITNESS
Active
FREEDOM FITNESS GYM
Active
Is
Status Expiration date First issuancE
Active Jul -31-2021 Feb -03-2017
View Additional Locations
The Business Lookup information is updated nightly. Search date and time: 8/24/2020 10:46:31 AM
Working together to fund Washington's future
First issued
Jan -03-2020
Jan -03-2020