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Home My WebLink AboutAG 20-236 - Clarks PaylessRETURN TO: TIM JOHNSON EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON - EXT: 2412 , 3 � DATE REQ. BY. ASAP 0 PUBLIC WORKS CONTRACT 0 SMALL OR LEMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS) 0 ORDINANCE El RESOLUTION El CONTRACT AMIENDMENT(AG#): El IISTTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT I PROJECT NAME: N NAME OF CONTRACTOR: CLARKS PAYLESS ADDRESS: 215 S 373RD ST, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 709-0697 E-MAIL: FLY5BY5@GMAIL.COM SIGNATURE NAME: FRANK CLARK TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 1:1 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: 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: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED TIFIFFE, Ch! 1 9 9 wi il R3 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0'ROJECT MANAGER U'DIRECTOR S El RISKMANAGEMENT (IFAPPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL;APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: 0 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 SIGN -ED �11 L EPARTMENT L GNATORY (MAYOR OR DIRECTOR) El CITY CLERK N(ASSIGNED AG# UOURTITNIUM 1/2020 & CITY OF AzW F6der0 Pl My CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 ,mw cityoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH CLARKS PAYLESS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Clarks Payless, a sole proprietor ("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: CLARKS PAYLESS: Frank Clark 215 S 373RD ST FEDERAL WAY, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-632-5 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) "I'll", - 1i1u6dk11V0jiW �-i - I&WIPA= 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described 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 to the 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 by the Internal Revenue Service h) Due to COVID- 19, Grantee business (check all that apply): F] Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in CI -19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue III I I mmm� CITY OF CITY HALL 33325 Sth Avenue South A Federal Way Federal Way WA 98003-6325 (253) 835-7000 wvwv cityoffederalwa_v corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) 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. 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 amouni not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -Appropriation 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. MINE 5.1 'Grantee Indemnification. 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 (terformance of this Agreement, except for that portion of the claims caused by the City's sole negligencc�_ 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 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 Grante-, 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 inderrmification. 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. tJTV OF Fbderal M � Y CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederaiway com 5.3 Cit v Inderntiificafidn. The City agrees to release, indemnify, defend and hold the Grantee, its 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, 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 respectivii agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exten) 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 1�=retatjqq and Mo4ificati . 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 [�,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 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 711-4-161 14, Ir -W -014L 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 �ufisdiction over such a s_uit then suit may be filed in an, I 'nate court in King Countp, 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, 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 LS$ ` 4 CRY OF FoQ 2 ss t CrTY HALL 33325 5th Avenue South FederW Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway coin 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 proof ` "♦f it shall only be necessaryto produce one • _ i• The signature • it 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 i•i- 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. M 0,: ATE: 1° a F � ✓9 A Printed a e: Title: ATE: /0 7/25/2020 eServices i` h c ton ton ',,',;tate Departrrent of Revt�! i ,i u e Services Business Lookup CI -ARKS FIXYLESS License Information: Entity name: CLARK,FRANK Business name: CLARKS PAYLESS Entity type: Sole Proprietor UBI #: 604-523-509 Business ID: 001 Location ID: 0001 Location: Active Location address: 215 S 373RD ST FEDERAL WAY WA 98003-7417 Mailing address: 215 S 373RD ST FEDERAL WAY WA 98003-7417 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation 00 -101580 -00 -BL Business Governing People may include governing people not registered with Secretary of State Governing people Title CLARK,FRANK Registered Trade Names Status Expiration date Active Oct -31-2020 Registered trade names Status CLARKS PAYLESS FUEL Active The Business Lookup information is updated nightly. Search date and time: 7/25/2020 12:44:18 PM https:Hsecure.dor.wa.gov/gteunauth/—/#91 1/1