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Home My WebLink AboutAG 20-608 - A-O EntertainmentRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM DEVELOPMENT___._. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: - 2412 3. DATE REQ. BY ASAP • PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG Ei REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUMP016'GRANT AGREEMENT PROJECT NAME: --1 CARESACT GRANT -RQUND2 NAME OF CONTRACTOR: A-0 ENTERTAINMENT LLC, ADDRESS: 1709 SW 323RD ST, FEDERAL WAY WA 98023-5407 T ELEPHONE: (253) 332-0607 E-MAIL: DENNISCORBErT@HOTMAIL.COM SIGNATURE NAME: DENNIS CO ETT TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIRENIENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1000.00) (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, $, -11 --PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800_x90 518- 1 0-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER &-D1kECTOR m2 -1 El RISK MANAGEMENT (IF APPLICABLE) z El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: - 2. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERfNOTIFICATION 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 El LAW DEPARTMENT _Zb11 10 J>W14ATORY (MAYOR OR DIRECTOR) El CITY CLERK 10 G# El ASSIGN -ED AG# A 1- -0- 'OMMENTS: T 1/2020 Foderal VIVOY cliv of CITY HALL 33325 Sth Avenue South Federal Way, WA 95003-5325 (253) 835-7000 vc;j VWTFdera1way.corn CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH A-0 ENTERTAINMENT LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), Entertainment 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 notice required under this et: DE1111IS 1709 SW 323rd FEDERAL 98023-5306 +-i ffill" NISM Ade 33325 8th A i- ':�! • TERM.1. • `m . - grantrs to the Grantee underthe conditions tescribed 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 Ci of Federal b) Grantee maintains a current City of business Grantee has ►.1 all taxes .nigovernmentfees due up to the date of if of grant agreement; Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,8 man-hours total for all employees per year); e) tee's net revenues do not exceed ore t 1.5 milio year; Grantee does not operate as a tax-exempt siness as defined by the Internal Revenue Service; g) Due o - 19, Grantee, business (check all that l): Co Was required state or localorder to close Was forced to lay off employees due to reduced troa e Incurred over 1, in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over % lost revenue 2.2 Use of Funds: Grantee affirras that grant funds will be used for the following purposes: a) Mortgage or Rent Personal Protection Equipment CtIry Of 4A� Fodera!A�y c) Insurance d) Utilities e) Marketing f) Payroll CFY HALL 33325 8th Avenue South FederN Way. VVA 98003-6325 (253) 835-7000 wwwatyoffederalwav ceases 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 Ji " 4.2 Non-Appropfiation of Funds. If sufficient funds are not appropriated or allocated for payment I.. nder this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. S.1 Owke 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, 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. 5.3 The City agrees to release, indemnify, defend and hold the Grantee, is X.111 13:kV.-To 0 .6111111121 CITY OF C1WHALL 33325 Sth AvenUe SCUM Federal Way Federal Way, WA 98003-6325 (253) 835-7000 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 Jbia.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. aMMEMLIMUalmn us ol 6.1 Integ2retation 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 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 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 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 Qfffl;A*Juiv�& wo SUM 017CUU11 Or UCIULLIL. rdllJXU 01 LIM %-,ILI LO LICUIUM-U-M frQdull Vr UUMLIL WUb 111VL d(;LWW UITUML_ -tl UIV %-ILJF 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 surisdiction over such a suit, then suit magi be filed in ang other a3rMriate court in X; 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 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 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 Cory OF CrT-Y HALL 33325 Sth Avenue South Federal Way, Federal Way, WA 98003-6325 (253) 835-7000 V. cWffederaiway com together and shall constitute one instrument, but in making proof hereof it shall only be necessary to producc. 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 Y. 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. By: . ... . . .... Printed Name: Dennis Corbett 10, Services Business Lookup A-0 ENTERTAINMENT License Information: Entity name: A-0 ENTERTAINMENT LLC Business name: A-0 ENTERTAINMENT Entity type: Limited Liability Company UBI #: 603-515-972 Business ID: 001 Location ID: 0001 Location: Active Location address: 1709 SW 323RD ST FEDERAL WAY WA 98023-5407 Mailing address: 1709 SW 323 ST FEDERAL WAY WA 98023-5306 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 Governing People May include governing people not registered with Secretary of State Governing people Title CORBETT, DENNIS Registered trade names A-0 ENTERTAINMENT 0 New search Back to results Status Expiration date Active Jan -31-2021 ii. ^'i a V-XIM PWITIN