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AG 20-363 - Magnolia Rhapsody DJCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./D1V-. ECONOMIC DEVELOP _T 1 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY:_ ASAP 4- TYPE OF DOCUMENT (CHECK 01 Ei CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Ei PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES / CG • REAL ESTATE DOCUMENT CI SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE EI RESOLUTION 11 CONTRACT AMENDNENT (AG#): [I R'-TTERLOCAL X OTHER CARESkCT17LNDSBLlSIMESS SUPPC)Kr%R, 3REEMM-T FF"4' 5. PROJECT NAME: CARFSAC:`pf°,RAN-�RO1.ND1, 'L 6. NAME OF CONTRACTOR: MAGNOLI DJ ADDRESS: 3252539THPLSWFEDE WAY, 1� 4,, 98023 TELEPHONE: (360) 507-4787 E-MAIL: cHo@MAGNOLLkRHAPSODY.COM SIGNATURE NAME: CHO BARRON TITLE: SEE ATTACHED 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLEE ESE: 11 YES X NO IF YES, MAXIMUM DOLL ARAMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $- PAID BY: 0 CONTRACTOR 0 CITY TA AGE: RETAiNAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PROJECT MANAGER I0,016ECTOR El RISK MANAGEN[ENT (IF "PLICABLE) 11 LAW INITIAL / DATE REVIEWED INITLA,L / DATE APPROVED Z SCFMDULED CommiTTEF DATE: CONWITTEE APPRovAL DATE:,—,,, SCHEDULED CouNciL DATE: Cr APPRumL DATE: El SENT TO VENDOWCONTRACTO R DATE SENT: DATE REC'D:_____ • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept support staff if necessary and feel free to sed notification morethan amonth in advance if council approval is needed.) R4TIAL / DATE SIGNED 1:1 ;LA DERkRTMENT N - G�G.,XTORY (MAYOR OR DIRECTOR) El CITY CLERK �9 j El ASSIGNED AG # G# 141413T)OV10I 1/21020 I This Grant Agreement CAgreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Magnolia Rhapsody DJ, LLC, a limited liability company ("Grantee"). The City and Grantee (together Varties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Cho Barron 32525 39h PI SW Uederal Way, WA 980W (360) 507-4787 (telephonc)l Ade Ariwoola 33325 8th Ave. S. Federal MLay, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509tet(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 to ; d) Grantee is not the recipient of other state or federal fiinding 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, GiTantee 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 Experienced over 50% lost revenue r, CARES ACT BUSINESS GRANT AGREEMENT CITY OF C ITY HALL Fe d e ra I Wa y 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmYcityoffederalwayrom 2.2 Use of Funds: 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 the 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. 4.2 Non -Appropriation of Funds. If sufficient fimds 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. 192101011 5.1 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 indemni the Citv- its elected officials, officers mptoyees.. a . repmesentati allpme fluk-cit— S.e_nts, -v_s- and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The Ci - 's ins(#.-ection or acceC#A=e of angA of Grantee's work when 'comC#Jeted shall not be grounds to avoid anp 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 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. CARES ACT BUSINESS GRANT AGREEMENT - 2 - CITY Of CFrY HALL 33325 Sth Avenue South Fe d e ra I Wa, y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway, com 5.3 L . The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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, effors, 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 1gymmign and Modifi Mogifiggiffl. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statcments or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid_imycrative null and void.. or illQal shall iii no way affect or invalidate aw,,, other V'rovision. 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. Win$K rg :5 Jo.1 J!Lil?, all .ii`.ls, in U&TIL recovery or award provided by law; provided, however, nothing in this paragraph 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 CARES ACT BUSINESS GRANT AGREEMENT -3- - CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 F6deral A/Wiy (253) 835-7000 www. cillyoffederalway com 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 counterparL 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 #y have executed a counterpart of this Agreement shall be the "date of mutual execution7 hereof. I I I I I I! I l! I I! I I! ill 11!11 I1111111ppill I I i I l I! I I � III l CITY OF FEDERAL WAY: .., Jim 1 1, Mi3ayor DATE: MAGNOLIA RHAPSODY DJ, LLC: By: Printed Name: Cho Rong Barron Title: Manager DATE: October 9th, 2020 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/25/2020 eServices Services Business Lookup MAGNOLIA RHAPSODY DJ License Information; Entity name: MAGNOLIA RHAPSODY, LLC Business name: MAGNOLIA RHAPSODY DJ Entity type: Limited Liability Company UBI M 603-136-954 Business ID: 001 LocationID- 0003 Location: Active Location address: 32525 39TH PL SW OFC FEDERAL WAY WA 98023-2647 Mailing address- 32525 39TH PL SW OFC FEDERAL WAY WA 98023-2647 Excise tax and reseller permit status. Click here Secretary of State status: Click here Endorsements held at this location Licensett Count Details Federal Way Home Occupation Business Snohomish General Business - Non -Resident Governing People mayineside govwwngpeoptenor registered wfth Secreftar of Stage Governing people Title BARRON,CHO BREAUX, BEAUREGARD Registered Trade Names New search Back to results Status Expiration date Pending Jul -312021 Active Jul -31-2021 Registered trade names Status MAGNOLIA RHAPSODY DJ Active Mew Additional Locations The Business Lookup information is updated nightly. Search date and time: 7125/2020 2:39:29 PM Working together to fund Washington's future https://secure.dor.wa.govigtounauth/—/#541 111