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AG 20-180 - Chan & AssociatesRETURN TO: TIM JOHNSON 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): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIN41TED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS) El ORDINANCE 0 RESOLUTION El CONTRACT AAMNDMENT(AG#):_ OINTERLOCAL X OTI­IER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME:CARES ACT GRANT- ROUND 1 NAME OF CONTRACTOR: CHAN & ASSOCIATES ADDRESS: 28613 -8TH PL S, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 396-9003 E-MAIL: GKCHAN1234@YAHOO.COM SIGNATURE NAME: CHAN CHAN TITLE: SEE ATTACHED 1111,11 1 Z g 11 R TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT-.-,-,,,-. COMPLETION TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($1 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 DOLLARAIMOUNT: $_ IS SALES TAX OWED El YES X NO IF YES, $____ PAID BY: 0 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE F_1r111;:K4jjF_!j'QW= VARIAN 0. DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER El DIRECTOR El RISKMANAGE MENT (IF APPLICABLE) 11 LAW FFF K# v OWN H __ - - - - INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED SCIEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: D SENT TO VENDOR/CONTRACTOR DATE SENT: DATE R -ECD: -- El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS F-1 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 -SIGNED By LAW 07-28-20 1, SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ba"o L4 g-1 ASSIGNED AG# 'OMMENTS- 1/2020 CITY OF Federal Way l" �m CITY HALL 33325 8th Avenue South Federal Way.. WA 96003-6325 (253) 335-7000 w o1yoffederalway cram CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREETMEAT WITH This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation and Chan ' Associates, a sole proprietor ("Grantee"). The City and Grantee (together C41?arties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: George Chan 28613 -8TH PL S FEDERAL , 98003Federal Way, WA 98003-63X i# •# `ill - `• i `' • , I 10 i i .I 1011 33325 ith Ave. (253) 835-2520 _# 0# f� baba 1. TERM. This agreement conte plates 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 ay; ) 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 ant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the CVI -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). Grantee's net revenues do not exceed more than $1.5 million per year ) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service } Due to COVI -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 $1,000 in CVI -19 related expenses Experienced 1-5% lost revenue Experienced over 50% lost revenue F_/.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposer C#TY OF CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalwaycom, 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/100 Dollars ($1,000.00). 4.2 Non -A .-roDrIation 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 agreement. 5.1 Grantee 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. hxuld a court of comicetent �urisdiction determine that this Agreement is sub�i �tt �RCW �4.24.1�15 �.in th�e 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. Q Y OF Federal MlaA CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 www cityoffederalway com 5.3 City fuderqui&g1oh. 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 Inte1pretation and Modification. This Agreement contains all of the agreements of the Parties with •_ 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 [�rovision, may be amended, waived, or modified except by written agreement signed by duly authorizeA • • the Parties. WIT 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 A% e Fod ral Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www o1yoffederaAvay coin the same effect as it all Parties hereto liacl signe(I the same document. Ali such counterparts snail 5e cons - 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. DATE: CHAN & ASSOCIATES: By: Printed Name: LY ",e k ig DATE: 0/ 7/24/2020 eServices 'AiasNngton State Dep,arbrn,,',-'�nt of Revenue Sen.,,ices B.usirless Lookup CHAN & ASSOC'iATES License Information: Entity name: CHAN, GEORGE KEE Business name: CHAN & ASSOCIATES Entity type: Sole Proprietor UBI #: 602-779-021 Business ID: 001 Location ID: 0001 Location: Active Location address: 28613 8TH PL S FEDERAL WAY WA 98003 Mailing address: 28613 8TH PL S FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation 07 -106278 -00 -BL Business Governing People May Include governing people not registered with Secretary of State Governing people Title CHAN, GEORGE KEE New search Back to results Status Expiration date First issuance Active Nov -30-2020 Dec -14-2007 Registered Trade Names Registered trade names Status First issued CHAN & ASSOCIATES Active Nov -15-2007 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:54:33 PM https://secure.dor.wa.gov/gteunauth/—,/#243 1/1