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AG 20-295 - In the Zonek UffidIRM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —,ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON . ..... _" EXT: 2412 3. DATE Q. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LEVITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE AGREEMENT 1:1 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION [I CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT — ROUND 1 NAME OF CONTRACTOR: IN THE ZONE ADDRESS: 1918 S COMMONS, #13 18, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 335-5544 E-MAIL: DANINTHEZONE@COMCAST.NET SIGNATURE NAME: Kim KIM TITLE: SEFATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I All OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 0 TERM: COMMENCEMENT DATE: —SEE ATTACHED GREEM -1 — COMPLETION DATE: No WIN 11015111091 N 111 �' I I -all Lei 347=1 101 a a *114 9: 112 &1 M■0 U 1wawmis 1191INITANDLOIN MINUM9161"'M IS SALES TAX OWED El YES X NO IF YES, $____ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: x 1,1 -.El RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND PROVIDE El PURCHASING: PLEASE CHARGE TO: 00 1 - 1800-990-518-10-490 F o q!ct Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER El DIRECTOR El RISKMANAGEMENT (IFAPPLICABLE) 0 LAW SCHEDULED Cr DATE: SCHEDULED COUNCIL DATE: FINVOWIM uzuffl�Mllvu [WORIN1141 I W -1v CommiTTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE REC'D:--- Ei ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 0 LAW DEPARTMENT SIGNED ayLkw 7-28-20 XSIGNATORY (MAYOR OR DIRECTOR) 1 10 CITY CLE T XASSIGNED AG# AP# . . ....... ... 1/2020 This Grant Agreement ("Agreement) is made between the City of Federal Way, a Washington municipal corporation C'Cityand In the Zone, a sole proprietor ("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 - Agreement: Dan Kim 1918 S COMMONS, #B• 18 a Ade Ariwoola 33325 8th .-I 1 ff.?ULai'af (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. ITERAJ This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 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 R f 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 fimding made available as a responss 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 - faI" 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 Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Fj Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant fimds; will be used for the following purposes: CITY OF CITY HALL 44# Federal Way 33325 Sth Avenue South Federai Way, WA 98003-6325 (253) 835-70,00 WWW.C1(V0ff6KfV1a1VWCoon 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. 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 un1- . . RJJJKr r ri N jig -4 -"A, 5.1 GrantWi Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, T elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless fTo any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judg�pmeent awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/ gation expenses to or by any and all persons or entities, including, without limitation, their respective agent, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or performance of this Agrecment� except for that portion of the claims caused by the City's sole negligen Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in event of liability for damages arising out of bodily 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 only to the extent of the Grantee's negligence. Grantee shall ensure that each sub-Grante c- shall agree to de c and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid aany these covenants of indemnification - 5.2 industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee waives any immunity that may b e granted to it under the Washington State industrial insurance act, Title 51 RCW solelp for the i 4rmA- r-Vr=f- by any limitation on the a" mount 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. �1,1�., 11�-01 CITY MALL 33325 Sth Avenue South F6deral M* Federai Way, WA 98003-6325 4;1s� (253) 835-7000 www�"d&6m*com 77717 Mal oe -1pol-ts, -IS, ca , +jM7rT1A%1F=6-UTMV'#s 1, on:*uai MIT77 -7 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 oI e 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 Phave 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. I 16MIX412=V0 Jim Ferrell, Maiio-r DATE: Swi270 IN THE ZONE: BY: Printed Name: v2s Title: 0 61) DATE: C 7/25/2020 eServices Ser%,,Ices Business Lookup PKI 40NE License Information: Entity name: KIM, DAN Business name: IN THE ZONE Entity type: Sole Proprietor UBI #: 601-738-919 Business ID: 001 Location ID: 0003 Location: Active Location address: 1918 S COMMONS STE B18 FEDERAL WAY WA 98003-6039 Mailing address: PO BOX 580 MILTON WA 98354-0580 Excise tax and reseller permits us: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 07 -105987 -00 -BL Governing People May include governing people notregistered with Secretary of stare Governing people Title KIM, DAN KIM, IN AE Registered Trade Names Status Expiration date Active Sep -30-2020 Registered trade names Status IN THE ZONE Active View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:41:42 PM https:flsecure.dor.wa.gov/gteunauth/—,/#296 1/1