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AG 20-220 - Enhanced Visual ImagesCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATINGDEPT./DIV: ECONOMIC DEVEI�QPEEM_ ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQBY:_ ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT EI MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#):_ D INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME:— CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: ENHANCED VISUAL IMAGES, INC. ADDRESS: 1911 SWC PUS DR #323, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 755-3195 E-MAIL: MIKE@EVIPRODUCTIONS.COM SIGNATURE NAME: DZIAK DzIAK TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE El Ain OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEM ENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I00 ($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 DYES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: .--[:] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE W, PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proig �Codg #2-0766�:Z5060___-- 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER El DIRECTOR El RISKMANAGEMENT (TAPPLICABLE) 1:1 LAW 1,11 b, 112 r 111 91-9 plww-0113 V"IfET-61 INI L"CEN all 11 INITIAL / DATE REVIEWED. INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:- SCHEDULED ATE:SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERINOTIFICATION 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) El CITY CLERK A) El ASSIGNED AG# Ab-# T/2020 'S CITY OF AN F0d n CITY HALL 33325 8th Avenue South Feder=al Way, WA 98003-6325 (253) 335-7000 w cltyo federalway coo CARES ► r GRANT WITH ENHANCED VISUAL IMAGES, INC. GranteeThis Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Enhanced Visual Images, Inc., a Washington corporation ("Grantee"). The City and (together Py, are located and iM business at the below addresses which shallbe valid for notice required i . this Agreement: Michael Dziak 1911 SW CAMPUS DR FEDERAL x x. i r+Federal Way, WA 98003-6325 Ade Ariwoola 33325 8th Ave. S. (253) 835-2520 (telephone) w • 0i , TERM.1. 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 grant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the CVI-19 pae is e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 -hours total for all employees per year). f) Grantee's net revenues do not exceed more t 1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service Due to CVI -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 Icrre over $1,000 in COVI -19 related expenses Experienced 10-50% lost revenue Experienced over 5% lost revenue 12 ♦ � x x � CITY OF CITY HALL 33325 Sth Avenue South 'mo Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedera4vay 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 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 riot to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -A 1) appropriated or pa ppro nation of Funds. If sufficient funds are not approp ated or allocated ent f ym under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee Indemijificatibn. 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. '4 CITY OF AQ FiWeral !AW CrTY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 at cityoffederEihvqy com 5.3 .01v 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 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 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 fall force and effect. No provision of this Agreement, including this ,i,rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 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 CITY OF f4deral Ifty CITY HALL 33325 Sth Avenue South Federal Way, A/A 06003-6325 (253) 035-7000 v atyoffederalway com Agreement , be executed in any numberof • , 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. kor Jim Ferrell, Mayor ATE: Ty ENHANCED VISWMNIAG', INC.: By: )5�/Z.14041L/ Printed e: Title:° ATE: 7/24/2020 Washington State Department of Revenue Services Business I ookup ENHANCED VISUAL IMAGES, INC eServices License Information: Entity name: ENHANCED VISUAL IMAGES, INC. Business name: ENHANCED VISUAL IMAGES, INC. Entity type: Profit Corporation UBI #: 602-040-619 Business ID: 001 Location ID: 0001 Location: Active Location address: 4238 SW 329TH PL FEDERAL WAY WA 98023-2652 Mailing address: 1911 SW CAMPUS DR # 323 FEDERAL WAY WA 98023-6473 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 14 -106075 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title DZIAK, MICHAEL G New search Back to results Status Expiration date Active May -31-2021 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 4:14:50 PM https://secure.dor.wa.gov/gteunauth/—,/#359 1/1