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AG 20-470 - SK Services► TURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORlGINATINGDEPT/DIV. E —ECONOMIC DEV ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY:OO AS TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, R -FP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LEMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTA NT(AG)❑ INTERLOCAL X OTIIER CARES ACT RINDS B(JSINESS SUPPORT GRANT AGREEMENT ............ . PROJECT NAME: —_CARES ACT GRANT- ROUND I NAME OF CONTRACTOR: SK SERVICES ADDRESS: 905 S 304TH ST, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 429-1713 E-MAIL: SHULEYKA@GMAIL.COM SIGNATURE NAME: YABARRENA YABARRENA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $--,-- PAID BY: ❑ CONTRACTORD CITY RETAINAGE: RETAINAGE AMOUNT: __,_El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETARNAGE BOND PROVIDE n PURCHASING: PLEASE CHARGE TO: 00 1 - 1 800-990-518-10-490_ Prqjj—qgt Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGE MENT (1F APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: U0 a] ILI tw #A X#W-11 I a 9 RA19 a M COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTIIP O 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 LAw07-28-20 ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# 1/2020 A(3# This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand SK Services, a sole proprietor ("Grantee"). The City and Grantee (together 'Tarties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Shulyka Yabarrena 905 S 304TH ST FEDERAL WAY, WA 98003 11 '40,040 geteliww1mur goff4l M 0 MR ��# 0 R 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 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 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). 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 local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue ET" Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT - I - CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 mvw cityoffederalway corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City rnay recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1, 000. 00). 4.2 Non -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 Grantee bdeninification, 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 • liability for damages arising • • ••• injury to persons or damages to property caused by •' 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 • indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grante4 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 •. .• 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. OTY OF Fbdiaral V%lay CITY HALL 33325 6th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalmly coo 5.3 City !ud0MnJ&*i . 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 ♦ persons or entities, including • limitation, their respective Agents- licensees or re(#�resentaliygs, arising from, resulting from or • caused by the negligent acts, errors, • omissions • 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 fulgWretation and Nt6difigati . This Agreement contains all of the agreements of the Parties with respect to ♦ 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 •i under the terms of this Agreement are not i-•1 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, agreements or options, and the same shall be and remain in fall force and effect. F ilt fV1 I IVA) A 1 recovery or awara proviaea 6y law; provi(lecl, however, howe nothing in this p agraph 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 ctry OF Fe4eral wmm�wl CITY HALL 33325 3th Avenue South Federal Way, SVA 98003-6325 (253) 835-7000 Gu cityoffederalway corns 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 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. FN WITNESS, the Parties execute this Agreement below, effective the last date written below. 4vrfirn Ferrell, Mayor DATE: ATE: _ 7 m 7125/2020 Wrias Jington State Departn""ient of Revenue Services Business Lookup SK SERN,10ES License Information: eServices Entity name: YABARRENA, SHULYKA Business name: SK SERVICES Entity type: Sole Proprietor UBI #: 604-526-154 Business 111 001 Location ID: 0001 Location: Active Location address: 905 S 304TH ST FEDERAL WAY WA 98003-4128 Mailing address: 905 S 304TH ST FEDERAL WAY WA 98003-4128 Excise tax and reseller permit 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 ol'State Governing people Title YABARRENA, SHULYKA �,V - . - . - Status Expiration date Active Dec -31-2020 Registered trade names Status First issued SK SERVICES Active Dec -12-2019 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:43:40 PM OSII!] 1111!112 IgIIIIIIIII https://secure.dor.wa.gov/gteunauth/—/#379