No preview available
HomeMy WebLinkAboutAG 20-403 - Orient Express Travelmfl CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON — EXT: 2412 3. DATE REQ. BY-sAp SK0001 1 41"WW" Lei IZ4LI Zia ZIN I I El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT(AG#): DINTERLOCAL * OTHER C ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT - ROUND I NAME OF CONTRACTOR: ORIENT EXPRESST VEL LLC ADDRESS: 33130 PACIFIC Hwy S, STE# 1, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 838-9154 E-MAIL: ORIENTXTVL@GMAIL.COM SIGNATURE NAME: KIM Kim TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: E-1 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I All OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 0 TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 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 BY0 CONTRACTOR [I CITY RETAINAGE: RETAINAGE AMOUNT: -Ei RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 PLO iZqt Code # 267662-25060_,_ 0. DOCUMENT/CONTRACT REVIEW I] PROJECT MANAGER • DIRECTOR • RISKMANAGE MENT (IF APPLICABLE) E] LAW INITIAL / DATE REVIEWED INITIAL / DATED PROVE SCHEDULED COMMITTEE DATE: CommmrEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOWCONTRACTOR DATE SENT: DATE REC'D:— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1:1 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 LAW DEPARTMENT SIGNED By LAW 07-28-20 SIGNATORY (MAYOR OR DIRECTOR) kh td, CITY CLERK Olt 10-1 t kv;v "GASSIGNED AG# 'OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Orient Express Travel 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 INS= Sooyen Kim 33130 Pacific Hwy S, Ste # I FEDERAL WAY, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) Col j . `i Mai3fflig 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) 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): Was required by state or I ocal order to close Was forced to lay off employees due to reduced patronage Incurred over $ 1,000 in CAVI D- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwcjtyofiedeiahvqycom 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 amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymen! under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 �Or�jndenmlfiq . 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 exft ang, and all �#ersons or entities including. without limitation ,ienses to or bp 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. CITY OF F�deml CITY HALL 33325 $th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 mwv wyoffederalway corn 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 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 roresentadygs, arising from- resulting from or connected 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 lhkIptetAtion 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 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 ffrovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Par -ties. 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 AN , �S� FOdera VVay CITY Of CITY HALL 33325 8th Avenue South Federal Way, WA 8003-532.5 (253) 835-7000 av cWoffederalway corn Agreement mY be executed in any numberof i - of Y be deemed an original and with the same effect as if all Parties hereto had gned the same document. All such counterparts shall be construed together and shall constituteone instrument, but proof - -♦ only be necessary to produce one i r. The signature and acknowledgment pages from such counterparts mY,` 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 Agreement shallbe "date of . execution" hereof. IN WITNESS, the Parties execute this Agreement below,i.te written below. Jim Ferrell, Mayor 4 woo ATE: IT BE Title: r ATE: ' 7/2612020 eServices Services Business Lookup ORIENT EXPRESS TRAVEL License Information: Expiration date Entity name: ORIENT EXPRESS TRAVEL, LLC Business name: ORIENT EXPRESS TRAVEL Entity type: Limited Liability Company UBI #: 602-967-866 Business ID: 001 Location ID: 0001 Location: Active Location address: 33130 PACIFIC HWY S STE 1 FEDERAL WAY WA 98003-6440 Mailing address: 33130 PACIFIC HWY S STE 1 FEDERAL WAY WA 98003-6440 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 09 -104889 -00 -BL Seller of Travel Governing People May include governing people not registered with Secretary of State Governing people Title CU, MIN SOO KIM, SOOYEN Registered Trade Names Registered trade names ORIENT EXPRESS TRAVEL IN New search Back to results Status Expiration date Active Nov -30-2020 Active Nov -30-2020 ##. -6# 0# 11MM"T011 •10 '11 MINE ;j 11111!1;ui�jgzz�� hps://secure.dor.wa.gov/gteunauth/_/19 1/1