The URL can be used to link to this page

Home My WebLink AboutAG 20-621 - Boba FactoryRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT 2. ORIGINATING 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 Ej SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG * REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 11 RESOLUTION El CONTRACTA NT (AG#).__— El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREENIENT 5. PROJECT NAME: -1111cjkm�s Ac: r GR�ANT R(UND, 30 eA 6. NAME OF CONTRACTOR: BLUE SK LLC ADDRESS: 1066S320THSTBLDGK#D,FEDERALWAYWA98003 TELEPHONE: (206) 471-9111 E-MAIL: TKRION@GMAIL.COM SIGNATURENAME: SEOKYEONG JEONG TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHD31TS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($10 1 0 00 0 (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITIE-S AND 110��.ZAYMMS) REIMBURSABLE EXPENSE: EIYES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $_,___-, IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 13 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 2 PURCHASING: PLEASE CHARGE TO: � 001-1800-990-518-10-490 Pro*ect C6& #26766�2-25060 10. DOCUMENT/CONTRACT REVIE =0 1 P ECT MANAGER 11RECTOR 0 RISK MANAGEMENT (rF APPLICAB [] LAW ILI INITIAL / DATE REVIEWED INITIAL DATE APPROVED 3 — z SCHEDULED CONMUTTEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CouNctL DATE: CouNciL APPRovAL DATE: 13 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: El 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 SIGNED 0 LAW DEPARTMENT W,SRMTA—TORY (MAYOR OR DIRECTOR) 0 CITY CLERK il El ASSIGNED AG# AG %—Ww COMMENTS: 1/2020 This Grant Agreement reement' ') is made between the City of Federal Way, a Washington municipal corporation # Blue SK LLC, a limited liabilityr r1 andGrantee(together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: SEO&TE(�AIG JEOING FEDERAL•:01 (20 6) 471-9111 (telephone)] Ave.[01Wkwel go 11 of 11 33325 8th Federal 98003-6325 (253) 835-2414 (telephone) 835-2509 i r 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the- conditions described 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 # i Grantee maintains r ,' current City of ' #'.. ' , r business c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; 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); Grantee's net revenues do not exceed ore 1.5 milion per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; Due to C - 19, Grantee business (check all thatapply): Was required by state or local order to close Was forced to lay off employees due to reduced troae Incurred over $1,000 in COVID-19related expenses Experienced 1-5 % lost revenue 'encs over % lost revenue 2.2 Use o tee affirms that grant Rmds will be used for the following purposes: a) Mortgage or Rent } Personal ProtectionEquipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. rityoffixierahvoy com c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the 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 � 1121g!"almal N1111 ti71` 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 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 i,s�erfonnij-scw.xoiCarihi�,i-Agre.,&;.ment exc a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of X24X*r1J1NV42X1,?-gU3 ?ZnhWg *?%r347#ATr?kh#Vr 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' comilensation acts.. disabihW benefit acts or ang other benefits acts or . ro,. -ams. The Parties further acknowled e that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwt cityoffi�deralway- com 5.3 Cjjy;��l . 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 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. J longlaw-sts &I 6.1 lhjq_q)retation and Modification. This Ageement 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, or ill";@? -1 &1&lI i:Wjv-s7%)1 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 tates mail shall be deemed received three( 3,) days after the date of mailirkV. y An, 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. aareements or o-Dtions. and the same shall be and remain in full force and effect. Failure or 1111 11:1 6 ill �11,1111 i 1 1 1 NNW- 1161"11M W L rMAY0 IVI I -CIC %.ALy UV LMEF-UC 4TX ITCUUR7-41f (9XIMAL 1MIM AN 111tt UUL LIN d L11C t-Rj ZJ LIVII [IF URL 1: L V 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 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 courlpfwe an inconvenient forum. If either PajU brinLy�� claim or lawsuit arisin- from this Ag-reement, 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. N CITY OF CITY HALL 33325 8th AvenUe South 00 - I Way, WA 98003-6325 Federd Federal Way (253) 835-7000 mov atyotfederalmy cam 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 instrumen3! but in making Tcroof hereof it shall onlgi be necessargi to Gtroduce one such counter$art. 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 mulial execution7' hereof. ip�! 12 111! 1113151 ii INFITA—M. MW DATE: Washington State Department of Revel -11 -le < Business Lookup License Information: New search Back to results Entity name. BLUE SK LLC Business name. BOBA FACTORY Entity type: Limited Liability Company UBI 604-164-313 Business ID- 001 Location ID: 0001 Location: Active Location address: 1066 S 320TH ST BLDG K STE D FEDERAL WAY WA 98003 Mailing address: 1066 S 320TH ST BLDG K STE D FEDERAL WAY WA 98003 Excise tax and reseller permit status, Click here. Secretary of State status- Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Federal Way General Business 19 -102601 -00 -BL Active Aug -31-2021 Jun -03-2019 Minor Work Permit Active Aug -31-2021 Jun -11-2019 Governing Peoplehies, include 9—&�g peopik roclcmd with Stsuitasy afRaW Governing people Titles JEONG, SEOKYEONG Registered Trade Names Registered trade names Status First issued BOBA FACTORY Active Aug -20-2018 The Business Lookup information is updated nightly. Search date and time: 10/9,12020 10:01:51 AM Contact us How arc -i doing? T.k. n.ai .. . . 9