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AG 20-731 - Korea Tourist BureauRETURN TO: Tim Johnson EXT: 2412 2. ORIGINATING STAFF PERSON: TIM JOHNSON .... .. .. ...... .. . EXT: 2412 -.-- 3. DATE Q. BY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PLJ13LIC WORKS CONTRACT 0 SMALL OR LIN41TED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES / CDG * REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION * CONTRACTA NT (AG#):_ Ei INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT - ROUND 2 6. NAME OF CONTRACTOR: KOREA TOURIST BUREAU ADDRESS: 31260 PACIFIC HWY S # 5, FEDERAL WAY WA 98003-5448 T ELEPHONE: (253) 941-8866 E-MAIL: KTBWAS@HOTMAIL.COM SIGNATURE NAME: HONG YULL KIM TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS L1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:0 YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $__ PAID BY: E CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: E] RETAINAGE AGREEMENT (SEE CONTRACT) OR D RETArNAGE BOND PROVIDED 11 PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE VIEW INITIAL /DA`rE APPROVED 0 ZPRO CT MANAGER 3-ECTOR /0 - ox— '26? D RISKMANAGE MENT (IF APPLICABLE} El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: mmgm��' . �T El SENT TO VENDOR/CONTRACTOR, DATE SENT: DATE REC'D:- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION 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 El LAW DEPARTMENT ik W.WdNAFORY (MAYOR OR DIRECTOR) k4> * CITY CLERK * ASSIGNED AG# AG# .......... ........ This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation and Korea TouristBureau, # proprietor The City and Grantee(together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: HONG YULL KIM 31260 Pacific Hwy S #5, Federal Way, WA 98003-5448 Mailing address:i Pacific Federal Way, WA 98003-5448 941-8866 (telephone) + This agreement contemplates a one -tine grant of f ids to the Grantee under (lie conditions described herein- following, pre -requisites foreligibility: a) Grantee operates a business physically located within the political boundaries of the City of '# Grantee • current City of ' #' business grantc) Grantee has paid all taxes and government fees due up to the date of execution of this agreement; Grantee's business employs no more than the equivalent of ten (10) full-time employees (man-hours total for all employees per year); e) tee's net revenues do not exceed ore 1.5 millio per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to C I - 19, Grantee business (check 1 thatapply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over % lost revenue a Mortgage or Rent b) Personal Protection Eguiument CARES ACT BUSINESS GRANT AGREEMENT - 1 - Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses ant to the Grantee in an amount not to exceed One Thousand and NO/1 00 Dollars ($ 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 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 out of •1i 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 • 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 farther acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- - I ---- CITY OF Federal Way -fts� 40 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 my w cflyoffederahviy corn 5.3 City Indemn jq4fi0j. The City agrees to release, indemnify, defend and hold the Grantee, its *fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless froim 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. 1 11 1 19L I 6.1 Intenretation Agd��ficgtion. 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 declare-il invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof ard 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 for under the terms of this Agreement are not intended 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 oDtions, and the same shall be and remain in full force ani ME oreacn or MiatuT. Vanure 3Y LIM %_ALY LU &VUld IV U11C or 11 UMS 11UL UCL as U W41VCf 0 right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have -urisdiction over such a suit then suit maw be filed in any, other a,�,yriate court in Kin Coun4 Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other 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 Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with CARES ACT BUSINESS GRANT AGREEMENT - 3 - I I M I COV of mom 4% Mra d e I MMiy AlD PAGE 02 CITY MALL 33325 Sth Avenue Soulh P�- (253) $35-7000 wwwi*��Caln the same effect as if all Parties hereto had signoil the same document. All such counterparts shall be constwed together and shall constitute one instrumen� but in ma��4 proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment Pages fTOM such cmmterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature. and acknowlodgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Areement shall be the "date of tuntual. execution" hereof IN WITNESS, the parties execute this Agre=ent below, effective the last date written below, rAy CARES ACT BUSINESS GRANT AGREEMENT -4- Services Business Lookup KOREA TOURIST BUREAU License Information: Expirafion date Entity name: KIM, HONG YULL Business name: KOREA TOURIST BUREAU Entity type: Sole Proprietor UBI #: 600-412-731 Business ID: 001 Location ID: 0001 Location: Active Location address: DANA PLAZA SUITE 5 31260 PACIFIC HWY S FEDERAL WAY WA 98003-5448 Mailing address: DANA PLAZA SUITE 5 31260 PACIFIC HVVY S FEDERAL WAY WA 98003-5448 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way General Business 00 -101942 -00 -BL Seller of Travel �ky Details Status Expirafion date First issuancE Acfive Jan -31-2021 Jan -08-2000 Active Jan -31-2021 Jan -30-1996 Governing People May include governing people not registered with Secretary of State Governing people Title KIM, HONG YULL Registered Trade Names Registered trade names Status KT B TOURS Active