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Home My WebLink AboutAG 20-182 - AKA Saka RestaurantRETURN TO: EXT: D I I I,zJ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: CARES ACT GRANT RESTAURANT AMENDMENT NAME OF CONTRACTOR:AKA SAKA JAPANESE RESTAURANT ADDRESS: 31246 PACIFIC Hwy S TELEPHONE: (253) 797-5931 E-MAIL: YYOUNGSUK60@GMAIL.COM SIGNATURE NAME: CHONG N YI TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND NO/100 ($5,000) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0.7IlDIRECTOR UM%NT/CONTRACT REVIEW OJECTMANAGER ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: DATE SENT: INITIAL / DATE APPROVED INF COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 ❑ LAW DEPARTMENT GNATORY (MAYOR OR DIRECTOR) II J CITY CLERK -If Wkv ASSIGNED AG# A # 20-1$2 F", ;OMMENTS: 1/2020 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com AMENDMENT NO. 1 TO CARES ACT BUSINESS SUPPORT GRANT AGREEMENT WITH AKA SAKA JAPANESE RESTAURANT This Amendment ("Amendment No. V) is made between the City of Federal Way, a Washington municipal corporation ("City"), and Aka Saka Japanese Restaurant, a sole proprietor ("Grantee"). The City and Grantee (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement ("Agreement") dated effective November 17, 2020, as follows: 1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement, shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of payment of this Agreement. 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. [Signature page follows] AMENDMENT - 1 - 3/2017 reaerai vvay Fadifsl Way. WA 98003-6325 (253) 835-7008 1Y1MW areafh9awa" MM M WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FFD L WAY: By: Jim F Ayar DATE: 1% AKA SAKA JAPANESE RESTAURANT: r By. Printed Name: o Title: Date: CITY OF CITY HALL �� 33325 8th Avenue South F Y Federal 98003-6325 (253Federal) 835-75-7 0000 vlvw crtynffederaiway. cnm EXHIBIT A-1 ADDITIONAL COMPENSATION 1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due to the COVID-19 pandemic; the City shall provide an additional grant amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this Amendment shall be an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). AMENDMENT - 3 - 3/2017 RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT (—ROUND 1 NAME OF CONTRACTOR: AKA SAKA RESTAURANT — ADDRESS: 31246 PACIFIC HWY S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 797-5931 E-MAIL: YYOUNGSUK60@GMAIL.COM SIGNATURE NAME: YI Yi TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDA TEAY1 — REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY. ❑ CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVID ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER Y'DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: DATE SENT: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 ❑ LAW DEPARTMENTGNE Y LAW 07-2 -20 TORY (MAYOR OR DIRECTOR) ! ` //et El CITY CLERK $ a ❑ ASSIGNED AG# AG# 4r E'I1 K0]T1-851a►111F.`SI IM20 reaerai way Federal Way. WA 98003-6325 (253) 835-7000 w"V w {'f yYJ f/ta iW a lfwdy C(M) CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH AKA SAKA JAPANESE RESTAURANT This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Aka Saka Japanese Restaurant, 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: AKA SAKA JAPANESE RESTAURANT Chong N Yi 31246 PACIFIC HWY S FEDERAL WAY, WA 98003 (253) 797-5931 (telephone) yyoungsuk60@gmail.com The Parties agree as follows: CIVY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cilyoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds 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) ligibilitya) 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 pandemic 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 S 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): ❑ Was required by state or local order to close ❑ Was forced to lay off employees due to reduced patronage ❑ Incurred over S1,000 in COVID-19 related expenses �j Experienced 10-50% lost revenue 0 Experienced over 50% lost revenue -� reae ra i way Federal way, VVA 90003.6325 t253j 93 14CO 3 .nssr�alt7da�evuSrn --'" 21 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or !tent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Pa} -roll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERNIUNATION. Should any of the conditions described in section 2.1, above, not be met, the City MAV nz�,Na all disburscd int funds and terminate this agreement. 4, GRANIT 4.1 Aminw. in order to promote healthy economic activity in the City and in response to the losses Granter has incurred due to the COVID-19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and NO/] 00 Dollars (12,000.00). 4.2 Von-:krnmtariatinn afF_unds. 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. S. I\DENMIFICATIOy. 1.1 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 my and A claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments. awmrds_ lgjwies, damages, liabilities, tares, losses, fines, fees, penalties expenses, attornev's fees, costs. andlor lifYgntion cgxmses to or by any and all persons or entities, including, without limitation, their res-pecdve agents, lire or rcpresentatives, arising from, resulting from, or in connection with this Agreement or the pafatmom of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a conn of competent jurisdiction determine that this Agreement is subject to RCW 4.24. l 15, then, in the armee of Inability 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 shalt ensure that each sub -Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorne}s, and whmteas to the extent and on the same Certs and conditions as the Grantee, pursuant to this paragraph. The Civs impxtion 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 lnsu ce 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 indemnitication. Grantee's indentni tication 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 CamScanner reaerai way 253 35-7 C•3� G8�]03 6325 „n.,. cfrcY,ry,3r;,rr.rr cr„ acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless front any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuhm damages, liabilities, losses. fines, fres, penalties expenses, attorney's fees, cysts, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising fiom, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.A 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. GENERAL PROVISIONS. 6.1 Interpretation and 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 efTective for any purpose. Any provision of this Agreerncnt 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 sighed by duly authorized m7=entatives 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 maiI, 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 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 arc 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 stilt 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, 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 CamScanner -zm� reaera i way Federal Way, 101A 90003-5325 (250 835-7000 ,v Av t .fVo1F kf aAviPv 0101 represents and warrants that such individual is duly auihorized 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 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF >~FkETzRAL WAY: Jim V -11 DATE: d I AKA SAKA JAPANESE RESTAURANT: By: � Printed Name; Title: +� �•t'/r DATE: CamScanner 7/24/2020 eServices --..,ogton State Department of Revenue Services Business Lookup AKA SAKA RESTAURANT License Information: Expiration date Entity name: Yl, CHONG NAM Business name: AKA SAKA RESTAURANT Entity type: Sole Proprietor UBI #: 601-021-807 Business ID: 001 Location ID: 0003 Location: Active Location address: 31246 PACIFIC HWY S FEDERAL WAY WA 98003 Mailing address: 31246 PACIFIC HWY S FEDERAL WAY WA 98003-5402 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 87 -000025 -00 -BL Soju Service 79254 Spirits/Beer/Wine Restaurant 79254 Service Bar Governing People May include governing people not registered with Secretary of State Governing people Yl, CHONG NAM Registered Trade Names Registered trade names Status AKA SAKA RESTAURANT Active ALASKA JAPANESE RESTAURANT Active View Additional Locations New search Back to results Status Expiration date Active Jun -30-2021 Active Jun -30-2021 Active Jun -30-2021 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:55:30 PM Working together to fund Washington's future First issuance Jan -08-2000 May -30-1998 May -30-1998 First issued May -05-1987 May -16-1988 https://secure.dor.wa.gov/gteunauth/_/#249 1/1