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AG 20-709 - Capital RemixRETURN TO: Tim Johnson EXT: 2412 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM -1 ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON --- EXT: 2412 3. DATE REQ. BY' ASAP 4. TYPE OF DOCUMENT (CHECK ONE): Ei CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 1:1 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT i --i HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACTA NT (AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 6. NAME OF CONTRACTOR: JAY-W'O;N-CRA-" Ca ADDRESS: 33020 10TH AVE SW # F201, FEDERAL WAY WA 98003-6440 T ELEPHONE: (646) 228-8894 E-MAIL: JAY@BLZREMLX.COM SIGNATURE NAME: JAY WON TITLE: SEE ATTACHED 7. EMNIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN 1:1 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: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ FS SALES TAX OWED El YES X NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 001,-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIALI DATE APPROVED 11 PRO ECT MANAGER a-U2,CTOR — f -'- �-- * RISKMANAGE MENT (IFAPPLICABLE) * LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMUTTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING E] SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:- • 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 ta-SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 El ASSIGNED AG # AG# COMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Capital Remix PLLC, a professional limited liability company ("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 this Agreement: JAY WON 33130 Pacific Hwy S # 6, Federal Way, 98003 Mailing address: 33020 10"' AVE SW 4 F201 Federal Way, WA 9802' ) (646) 228-8894 (telephone) Iayqbizremix.com CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 1 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwoola(&,citvoffederat,��,t\,,,�:�,in I . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described hereirl. 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 ofcxecution of this grant agreement" d') 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); e) Grantee's net revenues do not exceed more than $1.5 million per year; 1) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to1')VID-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 IN Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 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 CARES ACT US ESS GRANTAGREEMENT 7/2020 CITY OF Federal Way c) Insurance i) Utilities c) Marketing 0 Payroll CITY HALL 33325 8thAvenue South FederzV Way, WA 98003-6325 (253) 835-7000 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. GRANT AMOUNT. 4.1 Amour ' it. In order to promote healthy economic activity In the City and in response to the losses Grantee has incurred due to the COVID-19 icandernic the Citp shall IXrovide aryrant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). I I I# ar-i a I I I Im-lim- w R I I a till yu I IVA I h -14"i a gi;181#10 M I I migm1ban I I a jilmajigmun I Imligo-atm I I ty; I a# 5,1 Grantee hldeqiIiffiily 'tjo�i. 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. firies, fees, penalties expenses, attorney - s fees, costs, and/or litigation expenses to or by any and all persons or entities. including, without limitatiOD, 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 v, cou-irtf virit vetp--tit iij-iisdietioTf, dete-irttii-fe that t4is1.w--ee-!inent is su'tiect to W41 4.24.115. t1en. ij e concurrent negligence of me (-Oarltee ana Ine City. Itie "ramee s liaoility nereuncier snallfelon Wyn of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indeninify 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 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. CARES ACT BUSINESS GRANT AGREEMENT 7/2020 CITV OP CITY HALL 33325 5th Avenue South Federal Way Federal Way, VVA 98003-6325 (253) 835-7000 wwwotifunpdafalwaycom 5.3 (Jtv h4elp-pification. 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, injIuries, 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 firnitation. 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 terminatiol 6. GENERAL PROVISIONS. 6, 1 Jla��rprq�,ation and Modifigution,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 full force and effect. No provision of this Agreement. including this provision, may be amended. waived, or modified except by written agreement signed by ditly 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 triz diUositeJ in thi in te States mail ostaie irciaid, to the address set forth above. Any notice proviR.,# for under the terrns 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 options, and the same shall be and remain in full force and effect. Failure or delay #1 -nce shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's 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 or 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 ng, 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 tiot havej Urisdiction over such a suit. then suit may be filed in any other appropriate court in King County. Washington. Each party consents to the personal jurisdiction of the sLate 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. CARES ACTBUSINESS GRANTAGREEMINT 7/2020 CITY OF CITY HALL 33325 Sth Avenue South Federa� Way, WA 98003-6325 Federal Way (253) 835-7000 i4ww, cit"iftlerahsoy ccpm 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 r.'rts, each of wh:ich 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 forin 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. 1 111 1111 KPIN H I M=11630!11312 Wwwa-MUMM&M.M."T. M. Jim 1`11j, -,%,or DATE: By: Printed Name: Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT 4- 7/2020 'lashicgton State Department of R.evenue Services Business Lookup JAY WON CPA License Information: Entity name: CAPITAL REMIX PLLC Business name: JAY WON CPA Entity type: Professional Limited Liability Company UBI #: 604-182-919 Business ID: 001 Location ID: 0001 Location: Active Location address: 33130 PACIFIC HWY S STE 6 FEDERAL WAY WA 98003-6440 Mailing address: 33020 10TH AVE SW UNIT F201 FEDERAL WAY WA 98023-5053 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 Home Occupation 19 -100267 -00 -BL Business Governing People May include governing people not registered with Secretary of State Governing people Title WON, JAY Registered Trade Names Registered trade names Status JAY ON CPA Active 0 New search Back to results Expiration date First issuance Oct -31-2020 Jan -17-2019