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AG 20-668 - Englehart EnterprisesCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT *RIGI?'�ATING STAFF PERSON: TIM JOHNSON EXT: 2412 _ 3. DATE REQ. BYASAP TYPE OF DOCUMENT (CHECK ONE): �'* lk�)* ALILI.C"MULLILIQ El PUBLIC WORKS CONTRACT E1 SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT EI GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACTA T (AG#):_ Ei INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT G NPAGREEMENT NAME OF CONTRACTOR: ENGLEHART ENTERPRISES ADDRESS: 2108 S 279TH PL, FEDERAL WAY WA 98003-6956 TELEPHONE: (206) 276-6135 E-MAIL: MELODYENGLEHART@HOTMAIL.COM SIGNATURENAME: MELODY ENGLEHART TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXH113ITS 0 PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01'100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED L1 YES X NO IF YES,$ PAID BY: El CONTRACTOR ED] Cl RETAINAGE: RETAINAGEAmOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETArNAGE BOND I El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED 0 PROJECT MANAGER Q,DIMECTOR 0 RISK MANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: CommrrrEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL. APPROVAL DATE: W41#113 "Ity-ft NOE"0411 toil, • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 SIGN -ED • LAW. DEPARTMENT I I & 10 ATORY (MAYOR OR DIRECTOR) 1:1 CITY CLERK El ASSIGNED AG# A G # '-,10 'OMMENTS: 1/2020 QTY OF CITY HALL 33325 5th Avenue South FederW Way, WA 98003-6325 Federal Way (253) 835-7000 WWW-6tyOffederalway-com M - � TIT MA_71—G'M_1XT_A6A' E L WITH ENGLEHART ENTERPRISES This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Englehart Enterprises, a sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses wh`chs 1 be valid for any notice required under this Agreement: ENGLEHART ENTERPRISES: C-1-T—Y OF FEDERAL WAY: hig-L-0—DY, ENGLEHART Ade Axiwoola 33325 8th Ave. S. 2108 S 279th PI, Federal Way, WA 98003 Federal Way, WA 98003-6325 (206) 276-6135 (telephone) (253) 835-2414 (telephone) melodyenglehart@hotmail.com (253) 835-2509 (facsimile) e.'oohcityoffederalway.com The Parties agree as follows: 1. TERM,. This agreement contemplates a one-time grant of flinds to the Grantee under the conditions des - *. 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 to 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 ai a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID-19, Grantee business check all t9-pply E] 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 CITY OF 44 Federal Way vawsw� CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 kvww cityoffederalway com 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 c) Insurance d) Utilities e) Marketing 0 Payroll 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 funds and terminate this agreement. 1110 also - I - Grantee has incurred due to =Y2111 PTOVIUt: d a-L-Llt LU UIV, Vrakl= 111 Lt.-] UVIU51411 root to exceed One Thousand and NO/100 Dollars ($1,000.00). 6. 1 4.2 NonzAppmkidtibri 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 EN I I k I 1 01 1 5.1 Grantee bdg11gi'&aLibn. The Grantee agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and vo unteers ess in 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. W11611114 2 i if . . . . . . . . . . . .... 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 • Grantee's work when completed shall not be grounds to avoid any of these covenants of indemnification. by any limitation on the • of damages, compensation • 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. CITV 0 F 4A� F6deral IA4y CITY HALL 33325 8th Avenue South F_S •T # # (253) 835-7000 www cayoffederalway. com 5.3 C& ffidbhmi&4!foft. 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, 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 tennination of this Agreement with respect to any event occurring prior to such expiration or termination. 6.1 Intg=tatibn And Mbdlfi�qatibn. 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 mapostage 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 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 f ose covenants agreements or o 1tions and the same shall he and remain in full force and M I M11, cialin7ising I IVCMCJ�L, ITC X=M iPk 7711) 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 en 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 Agre�einent� each Party shall pay all its legal costs and attorney's fees and expenses incurred i' or bringing such claim or lawsuit, including all ,ii',ls, 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. CJTV OF Federal Way CITY HALL 33325 Sth Avenue South (253) 835-7000 www. a1yoffederalway. coin 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and wan -ants that such individual is duly authorized to execute and deliver this Agreement. This Nam! u; 1 1 QM! tile same elTeCt as 11 alt-ranleS JERTOLO 11dU 51;A'1f;U -tit; bAUV Acrp-ww 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 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. mm��=Zfflm=l 111 111111111 lip I 111ir III I jjjj� 11 111 1 CITY OF FEDERAL WAY: I DATE:_m e> �&A54 PV12[411491� �NMA` P1 0 a Title: DATE, CARES ACT BUSINESS GRANT AGREEMENT �4- M 10/13/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: ENGLEHART, MICHAEL P Business name: ENGLEHART ENTERPRISES Entity type: Sole Proprietor UBI #: 600-642-145 Business ID: 001 Location ID: 0001 Location: Active Location address: 2108 S 279TH PL FEDERAL WAY WA 98003-6956 Mailing address: 2108 S 279TH PL FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements he8d at this iocafion License# Count Details Status Expiration date First issuance dal Federal Way Home Occupation 00 -101695 -00 -BL Active Oct -31-2020 Jan -08-2000 Business Governing People May include q-6nq people not registered with Secretary ofStoft Governing people Titie ENGLEHART, MICHAEL'P The Business Lookup information is updated nightly. Search date and time: 10/13/2020 10:19:57 AM Contact us How are we doing? Take our survey! https://secure.dor.wa.gov/gteunauth/,/#52 10/13/2020 Washington State Department of Revenue \Aiashingtcri State Departslentol Pe,/enuc < Services Business Lookup Clear search Search Search for business licenses, tax accounts, and reseller permits issued by the Washington State Department of Revenue. Search By Tax account CD1 [:G:.ie:rn,:ng:p:e:.:pl:e:(=:II Trade name General license CD! - - ------- - ------- Reseller permit CD1 (Y) Business narre (,5), UB/Acc.nu ns. ,D* License tF 600642145 Street address city County 0? Endorsement type Results Business narne Legal name UBI# Business ID # Location ID # city State ENGLEHART ENTERPRISES ENGLEHART, MELODY LEE 600-642-145 002 0001 FEDERAL WAY WA ENGLEHART ENTERPRISES ENGLEHART, MICHAEL P 600-642-145 001 0001 FEDERAL WAY WA I'm not a robot Other Resources Professional Licenses (DOL) Contractor, Electrician, or Plumber (LK Corporations Registration Data (SOS) Health Care Provider Credential (DOH) Worker's Comp Premium Status (L&I) Suspect Fraud (DOR) *This site only displays business licenses, tax accounts, and reseller permits issued by the Washington State Department of Revenue. See "Other Resources" above for links to information on licenses and accounts issued by other agencies. Contact us How are we doing? Take our survey! https:/Isecure.dor.wa.gov/gteunauth/—,/#49 1/1