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HomeMy WebLinkAboutAG 20-384 - Mission Ruth PublishingRETURNJOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT_ ORIGINATING STAFF PERSON: TIM JOHNSQN�. EXT: 2412 3. DATEREQ,BY. ASAP TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDG * REAL ESTATE DOCUMENT [I SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG#):_,._ El INTERLOCAL * OTHER CARES ACT FUNDS BLJSINT.'SS SLI PP011TGRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: MISSION RUTH PUBLISHING ADDRESS: 32461 MILITARY RD S, FEDERAL WAY, WA, 98001 TELEPHONE: (253) 232-9078 E-MAIL: RUTHPUBLISHING@AOL.COM SIGNATURE NAME: NIKOLSKYY NIKOLSKYY TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 1:1 INSURANCE REQUIREMENTS/CERTIFICATE 1-i ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE: SEE ATTACHED AGREEMENT -COMPLETION DATE: TOTAL COMPENSATION$, (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 1,OO1iOO) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: L1 YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY. F-1 CONTRACTOR 11 CITY RETAINAGE: RETAfNAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE I El PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-490 PrQject Code# 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED El PROJECT MANAGER 0 DIRECTOR El RISK MANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REM INDERINOTIFICATION 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 SIGNEDBY t.AW.07-28-20 ur (,SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# 1/2020 4 CITY OF 'mw* FOdeMMM Y CrrY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 www cityoffederalway core C-I'ARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH MISSION RUTH PUBLISHING This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Mission Ruth Publishing, 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: Oleksiy Nikolskyy 32461 MILITARY RD S FEDERAL WAY, WA 98001 'EM lei V I VA W-2- a 3111 a I ItTE, I I L A" ^.- V Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 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 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 $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): '9 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-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, WA 98003-6325 Federal Way (253) 835-7000 vvmv atyoffederahwqy carr 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. li* k-111 '111 11" 'NV J kl,-1III W11V 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/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 Vgreement. 5.1 �Q� 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 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, solelpA for the purposes of this indemnification. Grantee's indemnification shall not be 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. 4' 0TV OF A*** Fbfib. eral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 w%vw cityoffc,-derahyaly cora 5.3 City 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 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 lutMoretation and Wtfifig�n. 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 th+ 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 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 an� 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 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 it 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 'S CITY OF CITY HALL. 33325 3th Avenue South Federal Way. WA 98003-6325 Federal Way (253) 835-7603 ,yw cityoffederalway coo 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• - instrument,but * proof hereofonly be necessaryto •' •i it +ne such counterpart.The signature and acknowledgment pages from• ` •. be assembled togetherto form a single of pagesof this Agreement and a completeof 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 ■ _ execute RW --Jim Ferrell, Mayor ATE: Printed e:ID L ' 1 Title: ATE: 7/25/2020 eServices W,,),,sh,irq,,;jto!n State Depac"Itrnent of" Reventie Services Business Lookup NIKOLSKY)0IS1Y Tax Information Filter Entity name: NIKOLSKYY, OLEKSIY Entity type: Sole Proprietor DBA name: MISSION RUTH PUBLISHING Excise tax account ID 603-357-535 Filter IJBI 603-357-535 Opened: January 1, 2014 Closed: Mailing address: 32461 MILITARY RD S FEDERAL WAY WA 98001-9634 NAICS: 451211 - Book Stores 484110 -General Freight Trucking, Local Reseller Permit(s) Reseller permit # A31172624 A31172620 A31172616 Business License Locations Business name MISSION RUTH PUBLISHING I.. New search Back to results License account ID # Location address 603357535-001-0001 32461 MILITARY RD S FEDERAL WAY WA 98001 The Business Lookup information is updated nightly. Search date and time: 7/25/20203:10:31 PIVI ZZESSUM= https://secure.dor.wa.gov/gteunauth/­,/#56 1/1 Filter Effective date Expiration date Jun -30-2020 Jun -29-2024 Jun -30-2016 Jun -29-2020 Jun -30-2014 Jun -29-2016 Filter License account ID # Location address 603357535-001-0001 32461 MILITARY RD S FEDERAL WAY WA 98001 The Business Lookup information is updated nightly. Search date and time: 7/25/20203:10:31 PIVI ZZESSUM= https://secure.dor.wa.gov/gteunauth/­,/#56 1/1