AG 20-403 - Orient Express Travelmfl
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIV. ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON — EXT: 2412 3. DATE REQ. BY-sAp
SK0001 1 41"WW" Lei IZ4LI Zia ZIN I I
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG
El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
* CONTRACT AMENDMENT(AG#): DINTERLOCAL
* OTHER C ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT - ROUND I
NAME OF CONTRACTOR: ORIENT EXPRESST VEL LLC
ADDRESS: 33130 PACIFIC Hwy S, STE# 1, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 838-9154
E-MAIL: ORIENTXTVL@GMAIL.COM
SIGNATURE NAME: KIM Kim TITLE: SEE ACHED
EXHIBITS AND ATTACHMENTS: E-1 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I All
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 0
TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE:
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00)
(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, $ PAID BY0 CONTRACTOR [I CITY
RETAINAGE: RETAINAGE AMOUNT: -Ei RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 PLO
iZqt Code # 267662-25060_,_
0. DOCUMENT/CONTRACT REVIEW
I] PROJECT MANAGER
• DIRECTOR
• RISKMANAGE MENT (IF APPLICABLE)
E] LAW
INITIAL / DATE REVIEWED INITIAL / DATED PROVE
SCHEDULED COMMITTEE DATE: CommmrEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
0 SENT TO VENDOWCONTRACTOR DATE SENT: DATE REC'D:—
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
1:1 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
LAW DEPARTMENT SIGNED By LAW 07-28-20
SIGNATORY (MAYOR OR DIRECTOR) kh td,
CITY CLERK Olt 10-1 t kv;v
"GASSIGNED AG#
'OMMENTS:
1/2020
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand Orient Express Travel 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
INS=
Sooyen Kim
33130 Pacific Hwy S, Ste # I
FEDERAL WAY, WA 98003
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2520 (telephone)
(253) 835-2509 (facsimile)
Col j . `i Mai3fflig
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):
Was required by state or I ocal order to close
Was forced to lay off employees due to reduced patronage
Incurred over $ 1,000 in CAVI D- 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 Federal Way, WA 98003-6325
(253) 835-7000
wwwcjtyofiedeiahvqycom
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/I 00 Dollars ($ 1,000.00).
4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymen!
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
5.1 �Or�jndenmlfiq . 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 exft ang, and all �#ersons or entities including. without limitation
,ienses to or bp
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.
CITY OF
F�deml
CITY HALL
33325 $th Avenue South
Federal Way, VVA 98003-6325
(253) 835-7000
mwv wyoffederalway corn
5.3 City Indemnification. 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 roresentadygs, arising from- resulting from or connected
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 lhkIptetAtion 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
ffrovision, may be amended, waived, or modified except by written agreement signed by duly authorized
representatives of the Par -ties.
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
AN
, �S� FOdera
VVay
CITY Of
CITY HALL
33325 8th Avenue South
Federal Way, WA 8003-532.5
(253) 835-7000
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Agreement mY be executed in any numberof i - of Y be deemed an original and with
the same effect as if all Parties hereto had gned the same document. All such counterparts shall be construed
together and shall constituteone instrument, but proof - -♦ only be necessary to produce
one i r. The signature and acknowledgment pages from such counterparts mY,` 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 Agreement shallbe "date of . execution" hereof.
IN WITNESS, the Parties execute this Agreement below,i.te written below.
Jim Ferrell, Mayor
4 woo
ATE: IT
BE
Title:
r
ATE: '
7/2612020 eServices
Services Business Lookup ORIENT EXPRESS TRAVEL
License Information:
Expiration date
Entity name:
ORIENT EXPRESS TRAVEL, LLC
Business name:
ORIENT EXPRESS TRAVEL
Entity type:
Limited Liability Company
UBI #:
602-967-866
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
33130 PACIFIC HWY S STE 1
FEDERAL WAY WA 98003-6440
Mailing address:
33130 PACIFIC HWY S STE 1
FEDERAL WAY WA 98003-6440
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 09 -104889 -00 -BL
Seller of Travel
Governing People May include governing people not registered with Secretary of State
Governing people Title
CU, MIN SOO
KIM, SOOYEN
Registered Trade Names
Registered trade names
ORIENT EXPRESS TRAVEL
IN
New search Back to results
Status
Expiration date
Active
Nov -30-2020
Active
Nov -30-2020
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hps://secure.dor.wa.gov/gteunauth/_/19 1/1