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AG 20-641 - Corner MarketRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: —ECONOMIC DEVELOP MENT__- 2. ORIGINATING STAFF PERSON: T54 JOHNSON ---------- EXT: 2412 3. DATE REQ. Y. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT E] HUMAN SERVICES / CDG 1-1 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG): 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AG E4ENT 5. PROJECT NAME: CAR ESACTQRANN— R00ND'? z 6. NAME OF CONTRACTOR: CO ADDRESS: 27313 PACIFIC HWY' S, FEDERAL WAY WA 98003 T ELEPHONE: (206) 755-0571 E-MAIL: CONE RMARCET @GMAIL.COM SIGNATURE NAMEE: INS WOO TITLE: SEE ATTACHED Irma -14 .2 11 1AI 11 ,1217TV"Wel ilk lu 22 &S 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 (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 11 YES X NO IF YES, PAID BY: I] CONTRACTOR 13 CITY RETAINAGE: RETAiNAGE AMOUNT: 11 RFTAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 'Proiect Code 4267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER CTOR 11 RISKMANAGE MENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLicABLE) SCHEDULED CONMUTTEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CO CIL DATE: CouNaL APPRovAL DATE: 11 SENT TO CONT CTO DATE SENT: DATE REC'D: 13 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS D 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 E] LAW DEPARTMENT 'A &.S+6N ATORY (MAYOR OR DIRECTOR) - C - 11 0 CITY CLERKtoi%mr, -7— 11 ASSIGNED AG# AG# 20-64 COMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Comer Market, a sole proprietor ("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 ME= ZITMIR�� IN S WOO 27313 Pacific Hwy S FEDERAL WAY, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions d scribe j— eherein. H1111mus 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 employs 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 all that apply): E] Was required by state or local order to close Ej` Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses U E)erieneed 1, 0-50% lost revenue E] Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 I Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant ftmds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a • to the Grantee in an amount iaot to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). of III no 14404 a I M-11 rr.) I I U.) I I a Lei 1A 1414M I 061M I YAM 918 1 141E Q01#1 I [_!g 117-0 E I R M a I I I IR-My- 111V��Mtm 5.1 6ranteeInde.innification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless 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 ♦ resulting from, ♦ in connection with this Agreement or the erformaric of this Agleement, excepl for that j2ortion of the claims caused bv the CLt):'s sole ne 1 ence. S ould Mr, I I HCHL HUgHgollut; 01 Ulu kin-l-Rce Unu Ulu k-ILI, Lac k7raltee s naointi Vere-MI-er suall or, UITT 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 be grounds to avoid any of these covenants of i.-tde-#v6fic,?tio_-t. 5.2 'Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grante* waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, soleli for the Nurnoses of this indemnification. Grantee's indemnification shall not be limited in an -v "a b a MR, tLILIVII U11 U10 Y-KIMMKIL U1 4Y1111uguN� C* taj Me ET Tr 47,=77 =.1 T4U-.-J JMICF 14 1 rK compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, A/A 98003-6325 (3 S) 835-7000 www cityoff ederalway com 5.3 City Indemnification. 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, liabes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation exGtenses to or bi- k an3 and y' or entities including without limitation. their resGwec ents, licensees_, p 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 hgg�oo and Mbdificotion. 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 i` invalid, inoGterative-. null and void, or illqyal shall in no wagj: aff-ect or invalidate a-nA-A o thr �#-xovision 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 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 AXeement in one or more instances shall not be construed to be a waiver or relinguishment of [I I (INT-K611111,D) I R1 #I Rau VIN $M) I IMI) &*I ON To) 0-M 1 #14 24 M&M I I or.*.] I FAI I ittriv-1 114 a M ORI 1 #811 B 11118 MONK) R497*11 M" M irlistRI -1k, 4, 1 1 t, 7.1 41 UQL US kt ULIII UIC kILJ N 11gill M '•R-1- OU -rll-f-M 1 L11C kAtj LMI--C UM! 4 aVO UUM V0MAV a .' 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 a•ree in writinv to an alternative �2rocess. If the King, Countv SuDerior Court does not have Jurisdiction over such Ma qzo each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or brin 1 2 such mgin- 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. FIXIM, CITY OF CM' HALL 33325 8th Avenue South Federal Way Federal Way, VVA 98003-6325 (253) 835-7000 www, aty(iffedei-alway c on 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 the same effec) as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument-, but in makin&qroof hereof it shall onlyi. be necessanj to �troduce one such counteLvart. 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. 11,12SWIMNUMMITMOR M [oil 7 By L : Printed Name: XJ 6 C)Z) UV ile® CW he) DATE- Washington State DeFjai-tmem of Revenul-. Business Lookup License ® New search Back to results Entity name. WOO, IN S Business name: CORNER MARKET Entity typec Sole Picp6etcrr UBI #: 601-690-537 Business ID: 001 Location ID: 0001 Location: Active Location address: 27313 PACIFIC HWY S FEDERAL WAY WA 98003 Mailing address: 27313 PACIFIC HWY S FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Cigarette Retailer Active Nov -30-2020 Feb -20-1996 Federal Way General Business 13 -104626 -00 -BL Active Nov -30-2020 Oct -30-2013 Grocery Store Beer/Wine 361368 Active Nov -30-2020 Dec -26-2001 Lottery Retailer' 203323 Active Feb -28-2002 Shopkeeper Active Nov -30-2020 Feb -20-1996 Tobacco Retailer - No Fee Active Nov -30-2020 Sep -08-2005 Vapor Product Retailer Active Nov -30-2020 Sep -28-2016 Governing People m,&ctwegomningpewkmtmgistemdw&hsearwiyofstaft Governing people Title WOO, IN S Registered Trade Names Registered trade names Status First issued RIGHT PLACE Active Dec -10-2013 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/9/2020 4.19:10 PM