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AG 20-136 - Minuteman PressI 0 111110] 3 es fe� 1111kyj a1011MIZIPINIZ! 1011#IWM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DFT": ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE 7EKS101 CIN I MIX" 01.14N] Zia no I • PUBLIC WORKS CONTRACT 0 SMALL OR LMTED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE o RESOLUTION * CONTRACT AMENDMENT (AGN): 11 INTERLOCAL * OTHER CARPS ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT – --- — ------ - - ------- NAME OF CONTRACTOR: MINUTEM ANPRESS ADDRESS: 34012 9TH AVE S, #C6, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 512-0959 E-MAIL: TOODREAMRFVER@GMAIL.COM SIGNATURE NAME: YONG HWAN SEO TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUU?,EMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.e) (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: 0 CONTRACTOR 11 CITY RETAINAGE: RFTAINAGF AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND ROVED 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER I,2',, DIRI-i'CTOR f1 RISKMANAGEMENT (IFAPPLICABLE) F], LAW 1. COUNCIL APPROVAL (IFAPPLICABLE) "K41*113 9 IMT -41 W*j 010011 fill V14 INITIAL / DATE REVIEWED 71 00 Code tt A LW��56 INITIALl D APPROVED - --- - -------------------- ------- SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D�_,_ 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 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 El LAW DEPARTMENT _4e rGNATORY (MAYOR OR DIRECTOR) fi,o/s/p6o El CITY CLERKLott 00 ASSIGNED AG# A& 'OMMENTS: 1!2020 Federal WayII ;j, Irej-0 - X ___ —, - (253) 835-7000 mm. dtyoffederafway. coin CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH MINUTEMAN PRESS OF FEDERAL WAY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipa corporation ("City"), and Minuteman Press of Federal Way, a Washington corporation ("Grantee"). The Cit, and Grantee (together "Parties") are located and is business at the below addresses which shall be valid for an, notice required under this Agreement: Yong Hwan Seo 34012 9TH AVE FEDERAL WAY, WA 9801 (206) 512-0959 (telephone) 1049A QAwim Ade Ariwoola 33325 8th Ave. S. Federal WaL WA 98003-6325 (253) 835-2520 (telephone) (253) 935-2509 (facsimile) .......... 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the condition., des4bed Ver_' 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 Cit} 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 thi., grant agreement d) Grantee is not the recipient of other state or federal funding made available as a response to the VI -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 CQVID- 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 E] Experienced 10-50% lost revenue VExperienced over 50% lost revenue Federal Way 7e 0 JLJ OLI? TV=11U= JUUU I Federal Way, WA 98003-6325 (253) 335-7000 .svnv com 2.2 Use of F=ds: Grantee affirms that grant funds will be used for the following purposes: 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 it: desianee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the Cit3 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 losse! not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 m� orggriation 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 thi! agreement. 5.1 C��qb� The Grantee agrees to release indemnify, defend, and hold the City, it, elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless; fron proceeding "11 ,S.g iJ� awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/oi 2.11 agents Licensees, or representatives, arising from, resulting from, or in connection with this Agreement or tht performance of this Agreement, except for that portion of the claims caused by the City's sole negligence Vli*111&�l th event of liability for damages arising out of bodily injury to persons or damages to property caused by oi resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall b( only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defenc and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, an( volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. Th( City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any o� these covenants of indemnification. 5.2 Intiustrial lhsure� Act Waiver. It is specifically and expressly understood that the Grankv! waives any immunity that may be granted to it under the Washington State industrial insurance act Title 51 RCW, solelp for the 0�woses of this indemnification. Grantee's indemnification shall not be limited in any wa3 by any limitation on the amount of damages, compensation or benefits payable to or by any third party un1-a JJJGO oin ,\venue .)outn Federal Way Federal Way. WA 98003-6325 (253) 835-7000 wmv. cityofrederalway. com workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties furthei acknowledge that they have mutually negotiated this waiver. 5.3 City lqdgm� . The City agrees to release, indemnify, defend and hold the Grantee, it., officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors hannles,, 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 respectivt agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extery 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 thi, Agreement with respect to any event occurring prior to such expiration or termination. 6.1 Inte_Mittation aqd� todificatigh. This Agreement contains all of the agreements of the Partie,, 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 declam invalid inoi�erative null and void or illegal shall in no wa�p affect or invalidate ang P other ��rov�sion hereof anc such other provisions shall remain in full force and effect. No provision of this Agreement, including thh provision, may be amended, waived, or modified except by written agreement signed by duly authorizec representatives of the Parties. • Enfbrgemeht. Any notices required to be given by the Parties shall be delivered at the address set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any noti so posted in the United States mail shall be deemed received three (3) days after the date of mailing. remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall cumulative with all other rem, edies available to the City at law, in equity or by statute. The failure of the City insist upon strict performance of any of the covenants and agreements contained in this Agreement, or exercise any option conferred by this Agreement in one or more instances shall not be construed to be a wai or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Co Washington, unless the parties agree in writing to an alternative process. If the King County Superior Co does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Coun Washington. Each party consents to the personal jurisdiction of the state and federal •: in King ,..• Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any oth •,,v.... or award provided by law; provided, however, however nothing in this paragraph shall be, construed limit the Parties' rights to indemnification under Section 5 of this Agreement. Federal Way (253) 835-7000 mvw ci(yoffederalway coin 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. Thi, 1r i" _i 2n#iivja2l a-cf-im',it! the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construe( together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produci one such counterpart. The signature and acknowledgment pages from such counterparts may be assemble( together to form a single instrument comprised of all pages of this Agreement and a complete set of a] signature and acknowledgment pages. The date upon which the last of all of the 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. DATE: MINUTEMAN PRESS OF FEDERAL WAY: By: Pri� e: - Title: DATE: V 7124/2020 Washjngwr� State Department of Revenue Services Business Lookup WNUTEIS AN PRESS License Information: eServices New search Back to results Entity name: ARROWS SIGN PRINTING & GRAPHICS, INC Business name: MINUTEMAN PRESS Entity type: Profit Corporation I: 604-201-300 Business ID: 001 Location ID: 0001 Location: Active Location address: 34012 9TH AVE S STE C6 FEDERAL WAY WA 98003-6756 Mailing address: 34012 9TH AVE S STE C6 FEDERAL WAY WA 98003-6756 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancE Federal Way General Business 18 -101258 -00 -BL Active Dec -31-2020 Apr -03-2018 Governing People may include governing people not registered with Secretary of State Governing people Title SEC, YONG HWAN Registered Trade Names Registered trade names Status First issued MINUTEMAN PRESS Active Dec -20-2017 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:25:11 PM https://secure.dor.wa.gov/gteunauth/—/#1 03 1/1