AG 20-231 - Federal Way SignINFISM
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT.! IV: ECONOMIC DEVELOPME 14T
. ORIGINATING STAFF PERSON: TIM JOHNSON ew_EXT: 2412 3. DATE REQLBY: ASAP
TYPE OF DOCUMENT (CHECK ONE):
0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
C1 PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG
1:1 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE 0 RESOLUTION
El CONTRACT AMENDMENT (AG#): El INTERLOCAL
X OTHER --CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT - ROUND I
NAME OF CONTRACTOR: FEDERAL WAY SIGN, LLC
ADDRESS: 34205 18TH PL S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 529-2011
E-MAIL: MILANFWS@YAHOO.COM
SIGNATURENAME: MICHALEK MICHALEK TITLE: SEEATrACHED
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL
OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS
0
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NC/100 ($11000 - 00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: . . ..... _,__
IS SALES TAX OWED El YES X NO IF YES, $ - PAID BY.- F-1 CONTRACTOR El CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVII
0. DOCUMENT/CONTRACT REVIEW
El PROJECT MANAGER
El DIRECTOR
0 RISKMANAGEMENT (IF APPLICABLE}
El LAW
INK401612141WRIJ w%'10ITZI
A -141W
ON rNWIF1 V A - - " twm'
Ing4mulawn
WK Inv I
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
E] SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD:
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
L.,XWDEPARTMENT SIGNED BY T—
ZLAW 07-28-20 -; F
SIGNATORY(MAYOR OR DIRECTOR)7
CITY CLERK Nr --U 0 911
I. V -T
1CASSIGNED AG# 2LU
112020
CITY OF
F�de I
ra woy
CITY HALL
33325 Sth Avenue South
Federal Way WA 98003-6325
(253) 835-7000
www cityoffederalway corn
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
FEDERAL WAY SIGN, LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation and Federal Way Sign, 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 Agreement:
Milan Michalek
34205 18TH PL S
FEDERAL WAY, WA 98003
Ade Ariwoola
33325 8th Ave. S.
FederalWA 98003-6325
(253) 835-2520 (telephone)
(253) 835-2509 (facsimile)
"2j.&GAc
aj&g
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):
)�J? Was required by state or local order to close
Ej Was forced to lay off employees due to reduced patronage
0 Incurred over $1,000 in COVID-19 related expenses
Ej 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
Awl Federal Way, WA 98003-6325
Federal Way (253) 835-7000
mm cjtyoffedera1wqy_ cora
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 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
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
agreement.
5.1 6fantee friAleinnifiqAtiot. 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
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
Fbdeml x
CITY HALL
33325 Sth Avenue South
Federal Way. %NA 98003-6325
(253) 835-7000
mm cityoffederatway com
5.3 gfy Weninification. 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 respectiv(7*
agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extenj
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.
I -IM
J�M Biel 01 1111rM ."I M V 1%11 Mll
6.1 linoWradtion and Mbdificatigq. 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 it 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
'1Qdir4ftXpMVr-M M1 i?•xcements or olvctions,. and the same shall be and nsm
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 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 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 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 Grante*
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
f;6deral t
city OF
CITY HALL
33325 8th Avenue South
Federal Way.. WA 98003-6325
(253) 835-7000
w cityoffederalway coo
signatureAgreement 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 construeif
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produc(-.
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
and acknowledgment pages._ date uponof of Parties have executed
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.
CITY OF FEDERAL WAY -
Jim Ferrell, Mayor
ATE: V 15 E2- 0 L 0
FEDERAL WAY SIGN, LLC.
By:
Printed a e: VVILAoI
Title:
DATE:
7/25/2020 eServices
Services Business Lookup FEDERAL WAY SIGN, LLC
License Information:
Entity name: FEDERAL WAY SIGN, LLC
Business name: FEDERAL WAY SIGN, LLC
Entity type: Limited Liability Company
UI #: 602-524-351
Business ID: 001
Location ID: 0001
Location: Active
Location address: 34205 18TH PL S
FEDERAL WAY WA 98003-6823
Mailing address: 34205 18TH PL S
FEDERAL WAY WA 98003-6823
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 Home Occupation 90 -101887 -00 -BL
Business
Lakewood General Business -
Non -Resident
Governing People May include governing people not registered with Secretary of State
Governing people Title
MICHALEK, MILAN Member
Registered Trade Names
■
New search Back to results
Expiration date First issuance
Jul -31-2020 Nov -30-1999
9089M
Registered trade names Status
FEDERAL WAY SIGN, LLC Active
View Additional Locations
The Business Lookup information is updated nightly. Search date and time: 7/25/202012:40:03 PM
SEEMEDgm-
https://secure.dor.wa.gov/gteunauth/,/#71
Sep -18-2019
First issued
Sep -16-2019