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AG 20-732 - Korean-American TV BroadcastingCITY OF FEDERAL ' ` DEPARTMENT ROUTING r *RIGINATING DEPT./DECONOMIC DEVELO 2. ORIGINATING STAFF PERSON. TIM JOHNSON. DATE . 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG): ❑ INTERLOCAL 6. NAME OF CONTRACTOR: KOREAN -AMERICAN TV BROADCASTING CO, INC ADDRESS: 32008 32ND AVE S, FEDERAL WAY WA 98001 TELEPHONE: (253) 946-5537 rr s r SIGNATURE r 7. EXHIBITS AND ATTACHMENTS: Ej SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER r EXHIBITS ■ PROOF OF •• TO SIGN ■ REQUIRED LICENSES ■ PRIOR CONTRACT/AMENDMENTS TERM:8. +r DATE: • r r 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 qiAQQM� CALCULATED ON r ¢r• CHARGE - ATTACH SCHEDULES OF r D HOLIDAY REIMBURSABLE EXr ■ YES X NO IF YES, MAXIMUM DOLLAR (S SALES TAX OWED ■ YES X NO RETAINAGE: RETAINAGEAMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ CHASING: PLEASE CHARGE TO, 001-1800-990-518-10-490Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEWINITIAL /DATE REVIEWED INITI /,DATE -APPROVED ❑ P JECT MANAGER ,RECTOR_LZ ❑ RISKMANAGEMENT (IFAPPLICABLE) ..... ;.. ❑ LAW ■ • r+r' r ' •' I SCHEDULED COMMITTEE DATE: SCHEDULED DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 1 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 ❑ DEPARTMENT N1 SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG#f: COMMENTS: 1/202® ;%i� CITY OF ,pM� FOdeml Way CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 www cityoffederalway. C0177 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH KOREAN -AMERICAN TV BROADCASTING CO, INC This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("Cityand Korean -American TV Broadcasting Co, Inc, a Washington corporation ("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: SHELLEY KO 32008 32nd Ave S, Federal Way, WA 98001 Mailing address: (same) (253) 946-5537 (telephone) shelleyooko@gmail.com Lei V IVA01 a a 3111 D1 .1,1411 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 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 all that appl Ej Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses 9 Experienced 10-50% lost revenue E] Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 &CITY Of Fe'deral My CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wim cityoffederalway coin 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant flinds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-Apprgpri unds are not appropriated or allocated for paymen) �ation of Funds. If sufficient f under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Otqjj� Indemnification. 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 [ierformance 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 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 solelp for the i��uiv%oses of this indemnification. Grantee's indemnification shall not be limited' by any limitation on the amount of damages, compensation or benefits payable to or by any third party is 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 -2- 7/2020 CITY OF F e bd ral Wal CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 335-7000 wvnv cityoffederalway coin 5.3 Cijy'fiderrulifiC4bt. The City agrees to release, indemnify, defend and hold the Grantee, its *fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless frolm 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 1 n t I'll, retation 4nd Modification. 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 provon, 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 options, and the same shall be and remain in fall force and delaw of the Citw to declare ank, breach or default immediatel�[ pyon occurrence shall not waivt 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 W6161V the Parties are unable to settle anw, dis(bute- 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 jurisdiction 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 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 Parties' rights to indemnification under Section 5 of this Agreement. C-4RES ACT BUSINESS GRANT AGREEMENT -3 - 7/2039 4& "FY 00 CITY HALL m 14ML 33325 Oth Avenue FSouth 6deral Voy Federal Way. WA 9BO03-6325 (253) 83�5-7000 wwwalyoffeduralwaycorn 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 4;4. '1 toeether and shall constitute one 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. 1� I �1 7111,11,7111 1111111 1. . , I By: Printed Name: rzz-- Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT .4- 7/2020 9/29/2020 Washington State Department of Revenue oT < Business Lookup License Information: Newsearch Back to results Entity name: KOREAN -AMERICAN TV BROADCASTING CO., INC. Business name: KOREAN -AMERICAN TV BROADCASTING CO., INC. Entity type: Profit Corporation I: 600-589-434 Business ID: 001 Location IEB 0001 Location: Active Location address- 32008 32ND AVE S FEDERAL WAY WA 98001 Mailing address: 32008 32ND AVE S FEDERAL WAY WA 98001 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location Ucense# Count Details Status Expiration date First issuance dal Federal Way General Business 85 -000017 -00 -BL Active Sep -30-2021 Jan -25-2000 Governing People May Include gc—Lg people nor VIA—d Ith S—Wry of SIM Governing people Title KO, CHONG KO, SHELLEY Registered Trade Names Registered trade names Status First issued KO -AM TV Active Apr -29-1996 KOAM TV & RADIO BROADCASTING CO. Active Jan -31-2000 KOAM TV BROADCASTING INC. Active Jan -31-2000 KOREAN - AMERICAN TV BROADCASTING CO. INC. Active Sep -03-1985 The Business Lookup information is updated nightly. Search date and time: 9/29/2020 10:23:01 AM hftps://secure.dor.wa.gov/gteunauth/—/#3 1/2