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AG 20-863 - Karma ConsultingRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV' ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY: AsAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Ej PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 11 RESOLUTION * CONTRACTA NT (AG#):OINTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT �I IND 6. NAME OF CONTRACTOR: KARMA CONSULTING, INC. ADDRESS: 33427 PACIFIC HiGHwAY S #EIO, FEDERAL WAY, WA 98003 TELEPHONE: (646)515-4938 E-MAIL: NATHAN&ARMACONSULTING.TECH SIGNATURE NAME: UG ATH IYER TITLE: SEE ATTACHED 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND No/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITLkL DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER LTLWRECTOR -7- El RISKMANAGE MENT (IFAPPLICABLE) 1:1 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CouNcn, DATE: CouNcIL APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING 0 SENT TO VENDOR/CONTRACTOR ATE T: DATEREC'D:_ El ATTACH- SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS E] 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 ,PEPARTMENT N/ -,WNKPORY (mAyoR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG# X_ COMMENTS: um 4%, CITY OF Federal Way 1.1 13 a., J0 ty m"Jund- AV WITH CrrY HALL 33325 89"1 Avenue out Federal Way, WA 98003-6325 (253)8,35-7000 VVWW rom This rant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Karma Consulting, 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: KARMA CONSULTING, INC.: CITY OF FEDERAL WAY: Gughanathan Iyer Ade Ariwoola 33427 Pacific Highway S #E10 33325 8th Ave. S. Federal Way, WA 98003 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (646) 515-4938 (telephone) (253) 835-2509 (facsimile) ade.ariwoola(&cityoffederalway.com The Parties agree as follows: 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions describe 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 is not the recipient of other state or federal funding made available as a response tothe COVID- 19 pandernic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined byte Internal Revenue Service h) 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 F1 Experienced over 50% lost revenue 2.2 Use of Funds: Granteeaffirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance CARES ACT BUSINESS GRANT AGREEMENT - I - CITY OF 4% 01 Federal Way d) Utilities e) Marketint; F) Payroll CITY HALL 33325 Oth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmv.cilyoffedera4vaycom Grantee agrees to retain receipts documenting use of grant Rinds 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 fiands 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 riot to exceed One Thousand and NO/I 00 Dollars - illizillrec-4- 1 5.1 Gralitee find 'emnit ' icaflon. 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 gr ,ycerforman,�e of thi; A eement exc a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liabty for damages arg 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grante4 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 QjyjndemnifleMlon. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY of CITY HALL 33325 8th Avenue SOUth Federal Way, WA 98003-6325 Foderal 14W (253) 835-7000 mvw atpffederalway com 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 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 r�uges. 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 11 461111!111 1 1.01=06MM W -M b a !A - , MIN11, 11, CITY OF FEDEIAll WAY: IM DATE: M- Gughanathan 1yer Title: President & CEO DATE.- 1OM20 ........ .. . CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 9/29/2020 VV a s i i g L c!- Lc -e FD e,,) a; e n t Of R e v P < Business Lookup License Information: Entity name: KARMA CONSULTING, INC. Business name: KARMA CONSULTING, INC. Entity type: Profit Corporation LJBI #: 602-908-197 Business ID: 001 Location 113- 0001 Location: Active Washington State Department of Revenue Location address: 33427 PACIFIC HWY S STE EEO FEDERAL WAY WA 98003-6897 Mailing address: 33427 PACIFIC HWY S STE E10 FEDERAL WAY WA 98003-6897 Excise tax and reseller permit status- Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way General Business Active Governing People mymciu&g.—mg. pecoat.atmgiftmd.*hswraayofstaft Governing people Title IYER, GUGHANATHAN New search Back to results Expiration date First issuance par Feb -28-2021 Mar -09-2020 The Business Lookup information is updated nightly. Search date and time: 9/29/202010:21:52 AM Contact us How are we doing? Take our survey! https://secure.dor.wa.gov/gteunauth/­,/#2 ill