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AG 20-880 - You're WellnessPori A ORIGINATING DEPTJDIV. ECONOMIC DEVELOPMENT 2. OR1GINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY.' ASAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT E] SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG): DINTERLOCAL X OTHER —CARES ACT FUNDS BUSINESS SUPPORT GRANT AG E NT 5. PROJECT NAME: CARES ACT GRANT — ROUND 2 6. NAME OF CONTRACTOR: YOU'RE WEIZEss, LLC ADDRESS: 204 S 348TH ST #3, FEDERAL WAY, WA 98003 TELEPHONE: (253) 797-4567 E-MAIL: TONI@YOUREWELLNESS.COM SIGNATURE NAME: ANTOINETTE JOHNSON TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES D COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 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 0 YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 11 CITY �99r [I PURCHASING: PLEASE CHARGE TO: _001-1800-990-518-,10-490 Pro qq1 (Lode 9267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED IN]Tf AL l DATE APPROVED 0 CT AGER ZP MANR Erc- Zc2m.Z4? =W— El RISK MANAGEMENT (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: CoNmuTT'EE APPRovAL DATE: SCHEDULED CouNciL DATE: CouNcu, APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: Ej ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXH113ITS 11 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 DEPARTMENT N P19TGN ATORY (MAYOR OR DIRECTOR) El CITY CLERK 10 El ASSIGNED AG# AG# I Way Federa CITY HALL 33325 801 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 con) CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH YOU'RE WELLNESS, LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and You're Wellness, LLC, a limited liability company ("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: urn M-11 Firs - ## 0XV142,31 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions ,iescribed 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 govermnent 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 employe1 (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 Internal Reven Service 1 g) Due to COVID-19, Grantee business (check all that apply): 7 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronags F] Incurred over $1,000 in COVID-19 related expenses Fj Experienced 10-50% lost revenue V Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities CARES ACT BUSINESS GRANT AGREEMENT 01 Y C)IF 4% Ftaderzil Way 11MIMM ffil CITY HALL 33325 8th Avenue South FederW Way, WA 98003-6325 (253) 835-7000 mm city0ftederaiway corn Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -A ficient funds are not appropriated or allocated for payment Mro riation of Funds. If suf under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. ANNIMAUMMUM 5.1 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 litkadQn-excenses to or by an:ii_�jersons or entikies, including, -without limit 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 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 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 0tKjL_ g. 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 CARES ACT BUSINESS GRANT AGREEMENT -2- CUT Y OF' CITY HALL 33325 8th Avenue South Federal My Federal Way, AIA 98003-6325 (253,1, 835-7000 I YCOfy� 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 this Agreement with respect to any event occurring prior to such expiration or termination. 6.1 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 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 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 or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and 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 �urisdiction over such a suit- then suit map, be filed -in-�-uprmjhwaw-.� 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 exT,renses incurred in defending or bring 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 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 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 CARES ACT BUSINESS GRANT AGREEMENT -3- city at, F ad era, 33325 8th Avenue South FederW VV,,,,.iy, %,A/,A 98003-6325 (253) 835-7000 wwo, corr,, 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. I !Jllq��Jql�li��111 1111 irl lill 111111111111 11111�1 Jill 11 CITY OF FEDERAL WAY: Jim Fe I ayor DATE: axsw�� By: ____ 4 Printed Name: Antoinette Johnson Title: Owner . .. ....... DATE: 10-19-2019 CARES ACT BUSINESS GRANT AGREEMENT -4- Business Lookup Entity name- YOU'RE WELLNESS LLC Business name: YOU'RE WELLNESS, LLC Entity type: Limited Liability Company UBI 85 603-437-844 Business ID: 001 Location ID: 0001 Location: Active Location address: 204 S 348TH ST STE 3 FEDERAL WAY WA 98003-7041 Mailing address: 36915 5TH AVE SW FEDERAL WAY WA 98023-7346 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License at Count Detaiis Status Federal Way General Business 14 -105258 -00 -BL Active Governing People May lachide govornUng psetmg&Wed wid, S—War ofState Governing people Title JOHNSON, ANTOINETTE Registered Trade Names Registered trade names YOU'RE WELLNESS, LLC Status Active The Business Lookup information is updated nightly. Search date and time: 10/19/2020 2:10:55 PM Contact us How are we doing? Take our survey! New search Back to results Expiration date First issuaince date Oct -31-2021 Oct -16-2014 Nmt issued Oct -17-2016