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AG 20-611 - Southside Dance Inc.TO: Tim Johnson EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ------- ARIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JO SONS EXT: 2412 3. DATE Q. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LEVITED PUBLIC WORKS CONTRACT 1:1 PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG 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 BuswLss supe 39t GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND 2 NAME OF CONTRACTOR:--� , Stowmwbe ADDRESS: 32724 PACIFIC HWY S, FEDERAL WAY WA 98003 T ELEPHONE: (425) 922-4740 E-MAIL: Russ IKASEY@AOL.COM SIGNATURE NAME: RUSSELL CLARK TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES El COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEEATTACILEq MENT COMPLETION DATE. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO1100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLE AND ID REIMBURSABLE EXPENSE: DYES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES,$ — — ------- ....... ... . PAID BY: El CONTRACTOR D CITY RETAINAGE: RETAINAGE AMOUNT: - — El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10,-490v Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED D PROJECT MANAGER [g,dMECTOR —2, El RISKMANAGE MENT (IFAPPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING E] SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: • 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 set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED 0 L �,'-,ARTMENT N/A �A Pog GNATORY (MAYOR OR DIRECTOR) T I El CITY CLERK 0 ASSIGNED AG# AG# 01UT00VIN 1/2020 CITY Of: CITY HALL 33325 Sth Avenue South A�ft Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mwV.61yQtfF1dR1-1'1dW,6y. coin CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH SOUTHSIDE DANCE INC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipffi corporation ("City"), and Southside Dance Inc, a profit corporation ("Grantee"). The City and Grantee (toget "Parties") are located and do business at the below addresses which shall be valid for any notice required und this Agreement: I SOUTHSIDE DANCE INC: CITY OF FEDERAL WAY: RUSSELL CLARK Ade Ariwooly 32724 Pacific Hwy S 33325 8th Ave, S. FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (425) 922-4740 (telephone) (253) 835-2509 (facsimile) Russ I Kasey,aol.com ade.ariwoolapcityoffederalwg.conn The Parties agree as follows: I. TERM. This agreement contemplates a one-time grant of ffinds 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 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; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business (check _ajil, that apply): Wag required by state or local order to close Was forced to lay off employees due to reduced patronage [neurred over $1,000 in COVID-19 related expenses Experienced 10-501/,) lost revenue Experienced over 50% lost revenue OTY FbIderal Ifty CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 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 them to the City or its designee upon request. Should any of the conditions described in section 2.1. above, not be met, the Ci may recover all disbursed grant funds and terminate this a•reement. i ann��A UOPJRV 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID-19 pandemic, the City shall provide a grant to the Grantee in an amount riot to exceed Two Thousand and NO/I 00 Dollars ($2,000.00). 4.2 Non -M ation of Funds. If sufficient Rinds 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 06titco kiddinAf The Grantee agrees to release indemnify, defend, and hold the City, i,, elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless fro any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgment awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and litigation 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 t - performance of this Agreement, except for that portion of the claims caused by the City's sole negligenc Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24i 115, then, in t] - 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 -Grantee shall agree to defen and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, ant volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. T - City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any these covenants of indemnification. Y y 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 programsThe Parties furth acknowledge that they have mutually negotiated this waiver. I C#TY OF P6deral VVay CITY HALL 33325 8th Avenue South W1WAdiiR&&&b1d� MUM FIMIMM1 -Newl wal bwiTK m1frK WWII hyLdv- -Mm 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. 6.1 into This Agreement contains all of the agreements of the Parties L_p 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 th ' at is declare. -i 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 duly authorized representatives of the Parties. 6,2 BqftLi�i 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 t notice or may be deposited in the United States mail, postage prepaid, to the address set forth abo. e, Any noti so posted in the United States mail shall be deemed received three (3) days after the date of mailing, A remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall cumulative with all other remedies 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 ma"kf e -NW -0) or relinquishment of those covenants, agreements or options, and the same shall be and remain in. full force a of the Cit to declare an breach or default im edi i t I u on occurrence shall not wal 1111M I m • ill Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count Washington and waives any objection that such courts are an inconvenient forum. If either Party brings a claim or lawsuit arising from this Agreement, each Party shall is all its legal costs and attorney's ces a expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to othc , 'dc •i* vILshall be construed to i it - mw -t -y *r wvur4, ,v - -kAAVde,,o rovided. however nothing in this -,k� Parties' rights to indemncation under Section 5 of this Agreement, CITY HALL 33325 8th Avenue South Federal Wj W,6,91111.03-6325 63 Bjqggjpa. 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 each of which shall be deemed an oLn�jnal 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 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 the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. q 1, 11111111!11!11111 111111M I!! "I 1.111111.11F 11111 CITY OF FEDERAL WAY: Jim F yor DATE: --Z 1 ;# SOUT HSIDE DANCE INC: By: Printed Name: Title: 0-4 ✓ DATE: --A 11'n -Lo 10/6/2020 Washington State Department of Revenue <' Business Lookup License Information: New search Back to results Entity name: SOUTHSIDE DANCE ENTERPRISES, INC. Business name: ARTHUR MURRAY DANCE SCHOOL Entity type: Profit Corporation I#: 601400-368 Business ID: 001 Location ID: 0001 Location: Active Location address: 32724 PACIFIC HWY S FEDERAL WAY WA 98003 Mailing address: 32724 PACIFIC HWY S FEDERAL WAY WA 98003 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 ksuance dal Federal Way General Business 92 -102600 -00 -BL Active Jul -31-2020 Jan -05-2000 Governing People May Mdudong.m-lg pwple ..r,.gW—d fth 5.a.,y.fSWft Governing people Title CLARK, RUSSELL S Registered Trade Names Registered trade names Status First issued ARTHUR MURRAY DANCE SCHOOL Active Jul -29-1992 The Business Lookup information is updated nightly. Search date and time: 10/6/2020 8:52:31 AM Contact us How are 2 doing? °rib® —.— --a https://secure.dor.wa.gov/gteunauth/—,/#2 1/2