The URL can be used to link to this page

AG 20-680 - First Avenue KaraokeWE CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM PEPTIDIV: ��MW DEVELO ST ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY.- ASAP -- TYPE OF DOCUMENT (CHECK ONE): N COV—K. 4,.CT*'Z. SELECTIOVD*CI-AjFE-kJT 1 -=- El PUBLIC WORKS CONTRACT 0 SMALL OR LIM[ITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) E] ORDINANCE 0 RESOLUTION El CONTRACT AMT—NDMENT(AG,4)-_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E. CARE ACT GRANT NAME OF CONTRACTOR: FIRST AVENUE KARAOKE ADDRESS: PO BOX 23622, FEDERAL WAY WA 98003-5452 T ELEPHONE: (253) 391-0540 E-MAIL: PGRACE1210@GMAIL.COM SIGNATURE NAME: MIAE HAHN TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 dLmwo (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: 11 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVED El PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-490 Pnoject Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW 1=011PR. -CT MANAGER RECTOR 0 RISKMANAGEMENT (IFAPPLICABLE) El LAW INITIAL / DATE REVIEWED INITIAL „/ DATE APPROVED — I -- --u A SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COI kf--,DAXU-- 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 0 LAW TMENT N/A �R /--- 7-- 'W reo5*ATORY'(MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# A # ;O S: This Grant Agreement ("Abl-reeinent") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Avenue Karaoke. a profit corporation ("Grarntee"), 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, FIRST AVENUE KARAOKE: The Parties agree as follows, OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave.S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (25 3) 835-2509 (facsimile) adc.ariwo2!a � cit o ralway.corii L 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 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); a) Grantee's net revenues do not exceed more than S 1.5 million per year; Grantee does not operate as a tax-exempt business as defined by the Intemal Revenue Service; g) Due to COVID-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 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 affinns that grant funds will be used for the following purposes. - a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT T c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 %,vww ciWc�ffederahvay com 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. 10 1 W-104 I I 111 : 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 Fandemic the Cit�[ shalL.IFrovide a not to exceed One Thousand and NO/I 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 ?,greement. lin 11 olk'VA la 12 Effnd 5.1 6Mqjge Ihdernni_. 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 co et= iurisdiction determine that this 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 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 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 further acknowledge that they have mutually negotiated this waiver. 5.3 Ci!y The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless Oty"OF t6dera I V%lay CITY HALL 33325 Sth Avenue South Federal Way , WA 98003--6325 (253) 835-7000 ww�,v.ci�riFe(If.,raivs,7y.coiTr 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, 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 and Modiffi:ation, 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 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 t he notice or maW be dg:#cosited in the United States mail- V aid_ to the address set forth above, Ank,-A notic 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 b�t 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 relin u1shment of those covenants a eements or o tions and the same shall n e court in 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 incur -red 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 CITY OP Federal Way C,',ITY HALL 33325 Sth Avef'WA S"IDUth Federai Way, 01A 98D03-6325 i253) 835-7000 �,trww- cor� one such counterpart, The signature and acknowledgment pages fi-om such counterparts may be assembled together to fonn a single instrument comprised of all pages of this Agreement and a comptete 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 IN WITNESS, the Parties execute this Agreement below, effective the last date written below, CITY OF FEDERAL WAY: Jim - Ferre -K a�,,,or DATE - FIRST AVENUE KARAOKE: y"_." Printed Name: t Title - U DATE.- CARES ACT BUSINESS GRANT AGREEMENT -4- 10/9/,2020 Washington State Department of Revenue Wasr-iirigtori State Depwtmei)t of Revenue, < Business. Lookup License Information: New search Back to resuits Entity name: MIRE INC. Business name: FIRST AVENUE KARACKE Entity type: Profit Corporation I: 602-636-053 Business ID: 001 Location ID- 0001 Location: Active Location address: 31220 PACIFIC HWY S #10 FEDERAL WAY WA 98003-5452 Mailing address: PO BOX 23622 FEDERAL WAY WA 98093-0622 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 issuance oat Federal Way General Business 06 -103820 -00 -BL Active Jul -31-2021 Nov -09-2006 Snack Bar Beer 084055 Active Jul -31-2021 Oct -25-2006 Governing People May include ga—i.9 p-ple nat registered WFA S -mf -y ofstate Governing people Title HAHN, MIAE Registered Trade Names Registered trade names Status First issued FIRST AVENUE KA OKE Active Jul -28-2006 The Business Lookup information is updated nightly. Search date and time: 10/9/2020 3:0330 PM . .. ......... Contact us hftps://secure.dor.wa.gov/gteunauth/,/#3 1/2